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THE 


TRUE REPUBLICAN: 


CONTAINING THE 




' 1 ^ 


INAUGURAL ADDRESSES, 

TOGETHER WITH TnE 

FIRST ANNUAL ADDRESSES AND MESSAGES, 

Of all the Presidents of the United States, from 1789 to 1857; 


TOGETHER WITH THEIR 

FAREWELL ADDRESSES, 

AND ILLUSTRATED WITH THE 

'ovtvait of cadi of the feeoidento. 

WITH AN APPENDIX, 


CONTAINING THE 


; % DECLARATION OP INDEPENDENCE AND CONSTITUTION OP THE UNITED STATES, 


r 


WITH THE AMENDMENTS AND SIGNERS' NAMES. 

ALSO, THE 

CONSTITUTIONS OF THE MOST IMPORTANT STATES IS THE UNION. 


BY JONATHAN FRENCH. 


FRE? 


^ * > 

) > 


PHILA D'SL P H IA : 

J. B. SMITH & CO., No. 27 SOUTH SEVENTH STREET. 

1860 . 


•< 7 t / 

^ * M 


\ ’*p.. 

- / 


V 







' ■ X* 


Postered according to Act of Congress, in the year 1811, by D. Richardson, 
In the Clerk’s Officp of the District Court of the United States in and lor ut« 
Eastern District of Pennsylvania.] 


PRINTED BY WIITII & PETERS, 
Franklin Buildings, Sixth Street, below Arch 
i'ifijndelphia. 





CONTENTS. 


Declaration of Independence, 


_ 



Pag s 

5 

Washington’s Inaugural Address, 

. 




10 

Washington’s First Annual Address, 


. 


. 

14 

Washington’s Farewell Address, 

- 


. 


17 

Adams’ Inaugural Address, 


. 


. 

34 

Adams’ First Annual Message, - 

. 


_ 


40 

Jefferson’s Inaugural Address, 


- 


. 

40 

Jefferson’s First Annual Message, 

- 


- 


5*2 

Madison’s Inaugural Address, 


- 



01 

Madison’s First Annual Message, 

- 


- 


04 

Monroe’s Inaugural Address, 


- 



09 

Monroe’s First Annual Message, 

_ 


. 


78 

J. Q. Aaams’ Inaugural Address, 


- 



91 

J. Q. Adams’ First Annual Message, 



- 


99 

Jackson’s Inaugural Address, 





124 

Jackson’s First Annual Message, 

- 


_ 


127 

Jackson’s Farewell Address, 


. 



150 

Van Buren’s inaugural Address, 

. 


_ 


178 

Van Buren’s First Annual Message, 


- 



188 

Harrison’s Inaugural Address, - 

- 


_ 


220 

Tyler’s Address, - 


_ 



242 

Tyler’s First Message, - 

- 


- 


247 

Polk’s Inaugural Address, - 


- 



2G3 

Taylor’s 

- 


- 


277 

Pierce’s “ “ 


. 



281 

Buchanan’s “ “ 

- 


- 


291 

APPENDIX. 





% 

Constitution of the United States, - 


_ 


_ 

5 

Constitution of Massachusetts, - 

- 


_ 


21 

Constitution of New York, - 


- 


- 

61 

Constitution of New Jersey, 

- 


- 


94 

Constitution of Pennsylvania, 


- 


- 

115 

Constitution of Virginia, 

- 


- 


137 

Constitution of South Carolina, 


- 


- 

172 

Constitution of Ohio, 

- 


- 


187 

Constitution of Kentucky, - 


- 


- 

219 






THE TRUE REPUBLICAN. 


DECLARATION OF INDEPENDENCE. 

When, in the course of human events, it becomes 
necessary for one people to dissolve the political bands 
which have connected them with another, and to assume, 
among the powers of the earth, the separate and equal 
station to which the laws of nature and of nature’s God 
entitle them, a decent respect to the opinions of mankind 
requires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal; that they are endowed by their Creator 
with certain unalienable rights; that among these are life, 
liberty, and the pursuit of happiness. That, to secure 
these rights, governments are instituted among men, deri¬ 
ving their just powers from the consent of the governed; 
and that, whenever any form of government becomes de¬ 
structive of these ends, it is the right of the people to 
alter or abolish it, and to institute new government, laying 
its foundations on such principles, and organizing its 
powers in such form, as to them shall seem most likely to 
effect their safety and happiness. Prudence, indeed, will 
dictate that governments, long established, should not be 
changed for light and transient causes; and, accordingly, 
all experience hath shown, that mankind are more disposed 
to suffer, while evils are sufferable, than to right them¬ 
selves by abolishing the forms to which they are accus¬ 
tomed. But, when a long train of abuses and usurpa¬ 
tions, pursuing invariably the same object, evinces a de¬ 
sign to reduce them under absolute despotism, it is their 
right, it is their duty, to throw off such government, and 
to provide new guards for their future security. Such 
has been the patient sufferance of the colonies, and such 
1 * 



THE TRUE REPUBLICAN. 


»s now the necessity which constrains them to alter their 
former systems of government. The history of the pre¬ 
sent king of Great Britain is a history of repeated injuries 
and usurpations, all having, in direct object, the establish¬ 
ment of an absolute tyranny over these states. To prove 
this, let facts be submitted to a candid world: 

He has refused his assent to laws the most wlxlesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of imme¬ 
diate and pressing importance, unless suspended in their 
operations till his assent should be obtained; and, when 
so suspended, he has utterly neglected to attend to them 

He has refused to pass other laws for the accommodation 
of large districts of people, unless those people would re¬ 
linquish the right of representation in the legislature; a 
right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places un¬ 
usual, uncomfortable, and distant from the repository of 
their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing with manly firmness, his invasions on the righ's 
of the people. 

He has refused, for a long time after such dissolutions, 
to cause others to be elected; whereby the legislative pow¬ 
ers, incapable of annihilation, have returned to the peo¬ 
ple at large for their exercise; the state remaining, in the 
mean time, exposed to all the dangers of invasion from 
without, and convulsions within. 

He has endeavored to prevent the population of these 
states; for that purpose, obstructing the laws of naturali¬ 
zation of foreigners, refusing to pass others to encourage 
their migration thither, and raising the conditions of new 
appropriations of lands. 

He has obstructed the administration of justice, by re¬ 
fusing his assent tolawsfor establishing judiciary powers. 

He has made judges dependent on his will alone, for 
the tenure of their offices, and the amount and payment 
af their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people, and eat 
out their substance. 


declaration of independence. 


7 


He has kept among us in time of peace standing ar¬ 
mies, without the consent of our legislatures. 

He has affected to render the military independent of, 
and superior to, the civil power. 

He has combined, with others, to subject us to a juris¬ 
diction foreign to our constitution, and unacknowledged 
by our laws; giving his assent to their acts of pretended 
legislation. 

For quartering large bodies of armed troops among us. 

For protecting them, by a mock trial, from punishment 
for anj murders which they should commit on the inhabi¬ 
tants of these states. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefit of trial 
by jury. 

For transporting us beyond seas to be tried for pre¬ 
tended offences: 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these colonies: 

For taking away our charters, abolishing our most va¬ 
luable laws, and altering, fundamentally, the forms of our 
governments : 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us 
out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the works of death, desolation, 
and tyranny, already begun, with circumstances of cru¬ 
elty and perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive 
on the high seas, to bear arms against their country, to 
become the executioners of their friends and brethren 
or to fall themselves by their hands 


8 


THE TRUE REPUBLICAN. 


He has excited domestic insurrections amongstus, and 
has endeavored to bring on the inhabitants of our fron¬ 
tiers, the merciless Indian savages, whose known rule of 
warfare is an undistinguished destruction of all ages, 
sexes, and conditions. 

In every stage of these oppressions, we have petitioned 
for redress in the most humble terms. Our repeated 
petitions have been answered only by repeated injury. A 
prince whose character is thus marked by every act which 
may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British 
brethren. We have warned them, from time to time, of 
the attempts by their legislature, to extend an unwar¬ 
rantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and mag¬ 
nanimity, and we have conjured them, by the ties of our 
common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and corres¬ 
pondence. They, too, have been deaf to the voice of 
justice and of consanguinity. We must, therefore, ac¬ 
quiesce in the necessity which denounces our separation, 
and hold them as we hold the rest of mankind, enemies 
in war, in peace, friends. 

We, therefore, the Representatives of the United States 
of America, in General Congress assembled, appealing 
to the Supreme Judge of the world for the rectitude of 
our intentions, do, in the name, and by the authority of 
the good people of these colonies, solemnly publish and 
declare that these United Colonies are, and of right ought 
to be, free and independent States; that they are absolv¬ 
ed from all allegiance to the British crown, and that all 
political connection between them and the state of Great 
Britain is, and ought to be, totally dissolved; and that, 
as free and independent States, they have full power to 
levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which in¬ 
dependent States may of right do. And, for the support 
#f this declaration, with a firm reliance on the protection 
af Divine Providence, we mutually pledge to each other 
<>ur lives, our fortunes, and our sacred honor. 


DECLARATION OF INDEPENDENCE 


9 


The foregoing declaration, was, by order of Oongres® 
engrossed, and signed by the following members: 


JOHN HANCOCK. 


New Hampshire. 

Josiah Bartlett, 

William Whipple, 
Matthew Thornton. 

Massachusetts Bay. 

Samuel Adams, 

John Adams, 

Robert Treat Paine, 
Elbridge Gerry. 

Rhode Island. 
Stephen Hopkins, 
William Ellery. 

Connecticut. 

Roger ShErman, 

Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New York. 

William Floyd, 

Philip Livingston, 

Francis Lewis, 

Lewis Morris. 

New Jersey. 

Richard Stockton, 

John Witherspoon, 
Francis Hopkinson, 

John Hart, 

Abraham Clark. 

'Pennsylvania. 

Robert Morris, 

Benjamin Rush, 

Benjamin Franklin, 

John Morton, 

George Clymer, 

James Smith, 


George Taylor, 

James Wilson, 

George Ross. 

Delaware . 

CiESAR Rodney, 

George Read, 

Thomas M’Kean. 

Maryland. 

Samuel Chase, 

William Paca, 

Thomas Stone, 

Charles Carroll, of 

Carrollton. 

Virginia. 
George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr. 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 

John Penn. 

South Carolina 
Edward Rutledge, 
Thomas Heyward, Jr. 
Thomas Lynch, Jr. 
Arthur Middleton. 

Georgia. 

Button Gwinnett, 
Lyman Hall, 

George Walton 


10 


THE TRUE REPUBLICAN. 


WASHINGTON’S INAUGURAL ADDRESS, 
April 30, 1789. 


Fellow-Citizens of the Senate 

and House of Representatives : 

Among the vicissitudes incident to life, no event could 
have filled me with greater anxieties than that of which 
the notification was transmitted by your order, and re¬ 
ceived on the 14th day of the present month. On the one 
hand, I was summoned by my country, whose voice I can 
never hear but with veneration and love, from a retreat 
which I had chosen with the fondest predilection, and, in 
my flattering hopes, with an immutable decision, as the 
asylum of my declining years, a retreat which was ren¬ 
dered every day more necessary as well as more dear to 
me by the addition of habit to inclination, and of frequent 
interruptions in my health, to the gradual waste committed 
on it by time. On the ether hand, the magnitude and 
difficulty of the trust to which the voice of my country 
called me, being sufficient to awaken in the wisest and 
most experienced of her citizens a distrustful scrutiny 
into his qualifications, could not but overwhelm with de¬ 
spondence, one, who, inheriting inferior endowments from 
nature, and unpractised in the duties of civil administra¬ 
tion, ought to be peculiarly conscious of his own defi- 
ciences. In this conflict of emotions, all that I dare avei 
is, that it has been ray faithful study to collect my duty 
from a just appreciation of every circumstance by which 
it might be effected. All I dare hope is, that if in execu¬ 
ting this task I have been too much swayed by a grateful 
remembrance of former instances, or by an affectionate 
sensibility to this transcendent proof of the confidence of 
my fellow-citizens, and have thence too little consulted 
my incapacity as well as disinclination for the weighty 
and untried cares before me, my error will be palliated by 
the motives which misled me, and its consequences be 
judged by my country with some share ot the partiality 
with which they originated. 


Washington’s inaugural address. 1 i 

Such being the impressions under which I have, mobe¬ 
dience to the public summons, repaired to the present 
station, it would be peculiarly improper to omit, in this 
first official act, my fervent supplications to that Almighty 
Being who rules over the universe—-who presides in the 
councils of nations—and whose providential aids can 
supply every human defect, that his benediction may con¬ 
secrate to the liberties and happiness of the people of the 
United States a government instituted by themselves for 
these essential purposes, and may enable every instrument 
employed in its administration to execute with success the 
functions allotted to his charge. In tendering this ho- 
mage to the great Author of every public and private good, 
I assure myself that it expresses your sentiments not less 
than my own, nor those of my fellow-citizens at large, 
less than either. No people can be bound to acknow¬ 
ledge and adore the invisible Hand which conducts the 
aiFairs of men, more than the people of the United States. 
Every step by which they have advanced to the character 
of an independent nation seems to have been distinguished 
by some token of providential agency; and in the impor¬ 
tant revolution just accomplished in the system of their 
united government, the tranquil deliberations and voluntary 
consent of so many distinct communities, from which the 
event has resulted, cannot be compared with the means 
by which most governments have been established, with¬ 
out some return of pious gratitude, along with an humble 
anticipation of the future blessings which the past seems 
to presage. These reflections, arising out of the present 
crisis, have forced themselves too stronglyon my mind to 
he suppressed. You will join with me, I trust, in think¬ 
ing that there are none under the influence of which the 
proceedings of a new and free government can more 
auspiciously commence. 

By the article establishing the executive department, it 
is made the duty of the President “to recommend to 
your consideration such measures as he shall judge ne¬ 
cessary and expedient.” The circumstances under which 
I now meet you will acquit me from entering into that 
subject farther than to refer to the great constitutional 
charter under which you are assembled, and which, vi 


12 


TIIE TRUE REPUBLICAN. 


defining your powers, designates the objects to which your 
attention is to be given. It will be more consistent with 
those circumstances, and far more congenial with tho 
feelings which actuate me, to substitute, in place of a 
recommendation of particular measures, the tribute that is 
due to the-talents, the rectitude, and the patriotism which 
adorn the characters selected to devise and adopt them. 
In these honorable qualifications I behold the surest pledges 
♦hat, as on one side, no local prejudices or attachments, 
no separate views nor party animosities, will misdirect the 
comprehensive and equal eye which ought to watch over 
this great assemblage of communities and interests: so, 
on another, that the foundations of our national policy will 
be laid in the pure and immutable principles of private 
morality; and the pre-eminence of free government be 
exemplified by all the attributes which can win the affec¬ 
tions of its citizens, and command the respect of the 
world. I dwell on this prospect with every satisfaction 
which an ardent love for my country can inspire, since 
there is no truth more thoroughly established than that 
there exists in the economy and course of nature an in¬ 
dissoluble union between virtue and happiness, between 
duty and advantage; between the genuine maxims of an 
honest and magnanimous policy and the solid rewards of 
public prosperity and felicity ; since we ought to be no 
less persuaded that the propitious smiles of Heaven can 
never be expected on a nation that disregards the eternal 
rules of order and right which Heaven itself has ordained, 
and since the preservation of the sacred fire of liberty, and 
the destiny of the republican model of government, are 
justly considered as deeply,perhaps as finally staked on the 
experiment intrusted to the hands of the American people. 

Besides the ordinary objects submitted to you>r care, it 
will remain with your judgment to decide how far an ex¬ 
ercise of the occasional power delegated by the fifth arti¬ 
cle of the constitution is rendered expedient at the pre¬ 
sent juncture by the nature of the objections which have 
been urged against the system, or by the degree of in¬ 
quietude which has given birth to them. Instead of un¬ 
dertaking particular recommendations on this subject, in 
which I could be guided by no lights derived from ofFi- 


Washington’s inaugural address. 13 

cial opportunities, I shall again give way to my entire 
confidence in your discernment and pursuit of the public 
good; for 1 assure myself that while you carefully avoid 
every alteiation which might endanger the benefits of a 
united and effective government, or which ought to await 
the future lessons of experience, a reverence for the cha¬ 
racteristic rights of freemen, and a regard for the pub¬ 
lic harmony, will sufficiently influence your deliberations 
on the question how far the former can be more impreg- 
nably fortified, or the latter be safely and advantageously 
promoted. 

To the preceding observations I have one to add, which 
will be most properly addressed to the House of Repre¬ 
sentatives. It concerns myself, and will therefore be as 
brief as possible. When I was first honored with a call 
into the service of my country, then on the eve of an ar¬ 
duous struggle for its liberties, the light in which I con¬ 
templated my duty required that I should renounce every 
pecuniary compensation. From this resolution I have in 
no instance departed; and being still under the impres 
sions which produced it, I must decline, as inapplicable 
to myself, any share in the personal emoluments which 
may be indispensably included in a permanent provision 
for the executive department, and must accordingly pray 
that the pecuniary estimates for the station in which I 
am placed, may, during my continuance in it, be limited 
to such actual expenditures as the public good may be 
thought to require. 

Having thus imparted to you my sentiments as they 
have been awakened by the occasion which brings us 
together, I shall take my present leave, but not without 
resorting once more to the benign Parent of the human 
race, in humble supplication that, since he has been 
pleased to favor the American people with opportunities 
for deliberating in perfect tranquillity and dispositions for 
deciding with unparalleled unanimity on a form of govern¬ 
ment for the security of their union and the advancement 
of their happiness, so his divine blessing may be equally 
conspicuous in the enlarged views, the temperate consul¬ 
tations, and the wise measures on which the success of 
this government must depend. 

2 


14 


TIIE TRUE REPUBLICAN. 


WASHINGTON’S FIRST ANNUAL ADDRESS, 

January 8, 1790. 

Fellow-Citizens of the Senate 

and House of Representatives: 

I embrace with great satisfaction the opportunity which 
now presents itself of congratulating you on the present 
favorable prospects of our public affairs. The recent ac¬ 
cession of the important state of North Carolina to the 
constitution of the United States, (of which official in¬ 
formation has been received,) the rising credit and re* 
spectability of our country, the general and increasing 
good will towards the government of the Union, and the 
concord, peace, and plenty, with which we are blessed, 
are circumstances auspicious, in an eminent degree, to 
our national prosperity. 

In resuming your consultations for the general good, 
you cannot but derive encouragement from the reflection 
that the measures of the last session have been as satisfac¬ 
tory to your constituents, as the novelty and difficulty of 
the work allowed you to hope. Still further to realize 
their expectations, and to secure the blessings which a 
gracious Providence has placed within our reach, will, in 
the course of the present important session, call for the 
cool and deliberate exertion of your patriotism, firmness, 
and wisdom. 

Among the many interesting objects which will engage 
your attention, that of providing for the common defence 
will merit particular regard. To be prepared for war is 
one of the most effectual means of preserving peace. 

A free people ought not only to be armed, but disci 
plined; to which end a uniform and well-digested plan is 
requisite: and their safety and interest require that they 
should promote such manufactures as tend to render them 
independent of others for essential, particularly military 
supplies. 

The proper establishment of the troops which may be 
deemed indispensable, will be entitled to mature conside¬ 
ration. In the arrangements which may be made re¬ 
specting it, it will be of importance to conciliate the com- 


Washington’s first annual address. 15 

fortable support of the officers and soldiers, with a due 
regard to economy. 

There was reason to hope that the pacific measures 
adopted with regard to certain hostile tribes of Indians 
would have relieved the inhabitants of our southern and 
western frontiers from their depredations; but you will 
perceive from the information contained in the papers 
which I shall direct to be laid before you, (comprehend¬ 
ing a communication from the commonwealth of Vir¬ 
ginia,) that we ought to be prepared to afford protection 
to those parts of the Union, and, if necessary, to punish 
aggressors. 

The interests of the United States require that our in¬ 
tercourse with other nations should be facilitated by such 
provisions as will enable me to fulfil my duty in that re¬ 
spect, in the manner which circumstances may render 
most conducive to the public good, and, to this end, that 
the compensations to be made to the persons who may 
be employed should, according to the nature of their 
appointments, be defined by law; and a competent fund 
designated for defraying the expenses incident to the con¬ 
duct of our foreign affairs. 

Various considerations also render it expedient that the 
terms on which foreigners may be admitted to the rights 
of citizens, should be speedily ascertained by a uniform 
rule of naturalization. 

Uniformity in the currency, weights and measures of 
the United States, is an object of great importance, and 
will, I am persuaded, be duly attended to. 

The advancement of agriculture, commerce and manu¬ 
factures, by all proper means, will not, I trust, need re¬ 
commendation ; but I cannot forbear intimating to you the 
expediency of giving effectual encouragement, as well 
to the introduction of new and useful inventions from 
abroad, as to the exertions of skill and genius in produ¬ 
cing them at home ; and of facilitating the intercourse 
between the distant parts of our country by a due atten¬ 
tion to the post office and post roads. 

Nor am I less persuaded that you will agree with me 
in opinion, that there is nothing which can better deserve 
your patronage than the promotion of science and litera- 


16 


THE TRUE REPUBLICAN. 


ture. Knowledge is in every country the surest basis of 
public happiness. In one in which the measures of go¬ 
vernment receive their impressions so immediately from 
the sense of the community as in ours, it is proportiona- 
bly essential. To the security of a free constitution it 
contributes in various ways : by convincing those who 
are intrusted with the public administration, that every 
valuable end of government is best answered by the en¬ 
lightened confidence of the people ; and by teaching the 
people themselves to know and to value their own rights; 
to discern and provide against invasions of them; to dis¬ 
tinguish between oppression and the necessary exercise 
of lawful authority; between burdens proceeding from a 
disregard to their convenience, and those resulting from 
the inevitable exigencies of society; to discriminate the 
spirit of liberty from that of licentiousness, cherishing 
the first, avoiding the last, and uniting a speedy but tern 
perate vigilance against encroachments, with an in viola 
ble respect to the laws. 

Whether this desirable object will be best promoted bj 
affording aids to seminaries of learning already establish 
ed; by the institution of a national university; or by any 
other expedients, will be well worthy of a place in the de 
liberations of the legislature. 

Gentlemen of the House of Representatives: 

I saw with peculiar pleasure, at the close of the last 
session, the resolution entered into by you, expressive of 
your opinion that an adequate provision for the support of 
the public credit, is a matter of high importance to the 
national honor and prosperity. In this sentiment I en¬ 
tirely concur. And, to a perfect confidence in your best 
endeavors to devise such a provision as will be truly con¬ 
sistent with the end, I add an equal reliance on the cheer¬ 
ful co-operation of the other branch of the legislature. 
It would be superfluous to specify inducements to a mea« 
sure in which the character and permanent interest of the 
United States are so obviously and so deeply concerned, 
and which has received so explicit a sanction from your 
declaration. 


Washington’s farewell address. 17 

Gentlemen of the Senate 

and House of Representatives: 

I have directed the proper officers to lay before you, 
respectively, such papers and estimates as regard the af¬ 
fairs particularly recommended to your consideration, 
and necessary to convey to you that information of the 
state of the Union which it is my duty to afford. 

The welfare of our country is the great object to which 
our cares and efforts ought to be directed. And 1 shall 
derive great satisfaction from a co-operation with you, in 
the pleasing, though arduous task of insuring to our fel¬ 
low-citizens the blessings which they have a right to ex¬ 
pect from a free, efficient, and equal government. 


WASHINGTON’S FAREWELL ADDRESS, 
SEPTEMBER 17, 1796. 

Friends and Felloiv-Citizens: 

The period for a new election of a citizen to adminis¬ 
ter the executive government of the United States being 
not far distant, and the time actually arrived when your 
thoughts must be employed in designating the person who 
is to be clothed with that important trust, it appears to 
me proper, especially as it may conduce to a more dis¬ 
tinct expression of the public voice that I should now 
apprize you of the resolution I have formed, to decline 
being considered among the number of those out of whom 
the choice is to be made. 

I beg you at the same time to do me the justice to be 
assured, that this resolution has not been taken without a 
strict regard to all the considerations appertaining to the 
relation which binds a dutiful citizen to his country; and 
that in withdrawing the tender of service, which silence 
in my situation might imply, I am influenced by no di¬ 
minution of zeal for your future interest; no deficiency 
of grateful respect for your past'kindness; but am sup- 

2 * 



18 


THE TRUE REPUBLICAN. 


ported by a full conviction that the step is compatible 
with both. 

The acceptance of, and continuance hitherto in the 
office to which your suffrages have twice called me, have 
been a uniform sacrifice of inclination to the opinion of 
duty, and to a deference for what appeared to be youi 
desire. I constantly hoped that it would have been much 
earlier in my power, consistently with motives which I 
was not at liberty to disregard, to return to that retire¬ 
ment from which I had been reluctantly drawn. The 
strength of my inclination to do this, previous to the last 
election, had even led to the preparation of an address to 
declare it to you ; but mature reflection on the then per¬ 
plexed and critical posture of affairs with foreign nations, 
and the unanimous advice of persons entitled to my con¬ 
fidence, impelled me to abandon the idea. I rejoice that 
the state of your concerns, external, as well as internal, 
no longer renders the pursuit of inclination incompatible 
with the sentiment of duty or propriety; and am per¬ 
suaded, whatever partiality may be retained for my ser¬ 
vices, that in the present circumstances of our country 
you will not disapprove of my determination to retire. 

The impressions with which I first undertook the ar¬ 
duous trust, were explained on the proper occasion. In 
the discharge of this trust, I will only say that I have, 
with good intentions, contributed towards the organiza¬ 
tion and administration of the government the best exer¬ 
tions of which a very fallible judgment was capable. Not 
unconscious, in the outset, of the inferiority of my quali¬ 
fications, experience in my own eyes, perhaps still more 
in the eyes of others, has strengthened the motives to dif¬ 
fidence of myself; and, every day the increasing weight 
of years admonishes me more and more, that the shade 
of retirement is as necessary to me as it will be welcome. 
Satisfied that if any circumstances have given peculiar 
value to my services, they were temporary, I have the 
consolation to believe, that while choice and prudence 
invite me to quit the political scene, patriotism does not 
forbid it. 

In looking forward to the moment which is to termi¬ 
nate the career of my political life, my feelings do not 


Washington’s farewell address 


\9 


permit me to suspend the deep acknowledgment of that 
debt of gratitude which I owe to my beloved country for 
the many honors it has conferred upon me ; still more for 
the steadfast confidence with which it has supported me; 
and for the opportunities I have thence enjoyed of mani¬ 
festing my inviolable attachment, by services faithful and 
persevering, though in usefulness unequal to my zeal. 
If benefits have resulted to our country from these ser¬ 
vices, let it always be remembered to your praise, and as 
instructive example in our annals, that under circum¬ 
stances in which the passions, agitated in every direction, 
were liable to mislead—amidst appearances sometimes 
dubious—vicissitudes of fortunes often discouraging—in 
situations in which not unfrequently want of success has 
countenanced the spirit of criticism—the constancy of 
your support was the essential prop of the efforts, and a 
guarantee of the plans by which they were effected. Pro* 
foundly penetrated with this idea, I shall carry it with me 
to my grave, as a strong incitement to unceasing wishes, 
that Heaven may continue to you the choicest tokens of 
its beneficence—that your union and brotherly affection 
may be perpetual—that the free constitution which is the 
work of your hands may be sacredly maintained—that its 
administration in every department may be stamped with 
wisdom and virtue—that, in fine, the happiness of the 
people of these states, under the auspices of liberty, may 
be made complete, by so careful a preservation, and so 
prudent a use of this blessing as will acquire to them the 
glory ofTecommending it to the applause, the affection, 
and adoption of every nation which is yet a stranger to it. 

Here, perhaps, I ought to stop. But a solicitude for 
your welfare, which cannot end but with my life, and the 
apprehension of danger, natural to that solicitude, urge 
me, on an occasion like the present, to offer to your so¬ 
lemn contemplation, and to recommend to your frequent 
review, some sentiments, which are the result of much 
reflection, of no inconsiderable observation, and which 
appear to me all-important to the permanency of your fe* 
licity as a people. These will be offered to you with the 
more freedom, as you can only see in them the disin¬ 
terested warnings of a parting friend, who c?n possibly 


20 


TIIE TRUE REPULL1CAN. 


have no persona] motive to bias his counsel. Nor can 1 
forget, as an encouragement to it, your indulgent recep¬ 
tion of my sentiments on a former and not dissimilar 
occasion. 

Interwoven as is the love of liberty with every liga¬ 
ment of our hearts, no recommendation of mine is neces¬ 
sary to fortify or confirm the attachment. 

The unity of government, which constitutes you one 
people, is also now dear to you. It is justly so; r or it is 
a main pillar in the edifice of your real independence; 
the support of your tranquillity at home ; your peace 
abroad ; of your safety; of your prosperity; of that very 
liberty which you so highly prize. But as it is easy to 
foresee, that from different causes and from different 
quarters, much pains will be taken, many artifices em¬ 
ployed, to weaken in your minds the conviction of this 
truth ; as this is the point in your political fortress against 
which the batteries of internal and external enemies will 
be most constantly and actively (though often covertly 
and insidiously) directed: it is of infinite moment, that 
you should properly estimate the immense value of your 
national union to your collective and individual happi¬ 
ness; that you should cherish a cordial, habitual, and 
immoveable attachment to it; accustoming yourselves to 
think and to speck of it as a palladium of your political 
safety and prosperity; watching for its preservation with 
jealous anxiety; discountenancing whatever may suggest 
even a suspicion that it can in any event be abandoned; 
and indignantly frowning upon the first dawning of every 
attempt to alienate any portion of our country from the 
rest, or to enfeeble the sacred ties which now link toge 
ther the various parts. 

For this you have every inducement of sympathy and 
interest. Citizens by birth or choice, of a common 
country, that country has a right to concentrate your af¬ 
fections. The name of American, which belongs to you 
in your national capacity, must always exalt the justpride 
of patriotism, more than any appellation derived from 
local discriminations. With slight shades of difference 
you have the same religion, manners, habits, and political 
principle. You have, in a common cause, fought and 


Washington’s farewell address. 


21 


triumphed together; the independence and liberty you 
possess, are the work of joint councils and joint efforts— 
of common dangers, sufferings, and success. 

But these considerations, however powerfully they ad¬ 
dress themselves to your sensibility, are greatly outweigh¬ 
ed by those which apply more immediately to your interest. 
Here every portion of our country finds the most com¬ 
manding motives for carefully guarding and preserving 
the union of the whole. 

The north, in an unrestrained intercourse with the 
south , protected by the equal laws of a common govern¬ 
ment, finds in the productions of the latter, great addi¬ 
tional resources of maritime and commercial euterprise, 
and precious materials of manufacturing industry. The 
south , in the same intercourse, benefitting by the same 
agency of the north , sees its agriculture grow and its 
commerce expand. Turning partly into its own channels 
the seamen of the north, it finds its particular navigation 
invigorated—and while it contributes in different ways to 
nourish and increase the general mass of the national na¬ 
vigation, it looks forward to the protection of a maritime 
strength, to which itself is unequally adapted. The east , 
in like intercourse w r ith the west, already finds in the pro¬ 
gressive improvement of interior communications by land 
and w r ater, will more and more find a valuable vent for 
the commodities which it brings from abroad, or manu 
factures at home.* The west, derives from the east sup 
plies requisite to its growth and comfort—and what is 
perhaps of still greater consequence, it must of necessity 
owe the secure enjoyment of indispensable outlets for its 
own productions, to the weight, influence, and the future 
maritime strength of the Atlantic side of the Union, di 
rected by an indissoluble community of interest as on* 
nation. Any other tenure by which the ivest can lioW 
this essential advantage, whether derived from its own 
separate strength, or from an apostate and unnatural con 
nection with any foreign power, must be intrinsically 
precarious. 

While, then, every part of our country thus feels an 
immediate and particular interest in union, all the parti 
combined cannot fail to find in the united mass of means 


THE TRUE REPUBLICAN. 


23 

and efforts, greater strength, greater resource, proper- 
tionably greater security from external danger, a less 
frequent interruption of their peace by foreign nations; 
and what is of inestimable value, they must derive from 
union an exemption from those broils and wars between 
themselves, which so frequently afflict neighboring coun¬ 
tries, not tied together by the same government, which 
their own rivalships alone would be sufficient to produce ; 
but which opposite foreign alliances, attachments, and 
intrigues, would stimulate and embitter. Hence, like¬ 
wise, they will avoid the necessity of those overgrown 
military establishments, which under any form of govern¬ 
ment are inauspicious to liberty, and which are to be 
regarded as particularly hostile to republican liberty. 
In this sense it is, that your union ought to be considered 
as a main prop of your liberty, and that the love of the 
one ought to endear you to the preservation of the other. 

These considerations speak a persuasive language to 
every reflecting and virtuous mind, and exhibit the con¬ 
tinuance of the union as a primary object of patriotic 
desire. Is there a doubt whether a common government 
can embrace so large a sphere ? Let experience solve it. 
To listen to mere speculation in such a case were crimi¬ 
nal. We are authorized to hope that a proper organiza¬ 
tion of the whole, with the auxiliary agency of govern¬ 
ments for the respective subdivisions, will afford a happy 
issue of the experiment. It is well worth a fair and full 
experiment. With such powerful and obvious motives to 
union, affecting all parts of our country, while experience 
shall not have demonstrated its impracticability, there will 
always be reason to distrust the patriotism of those who 
in any quarter may endeavor to weaken its bands. 

In contemplating the causes which may disturb our 
union, it occurs as matter of serious concern that any 
ground should have been furnished for characterizing 
parties, by geographical discriminations —Northern and 
Southern; Atlantic and Western; whence designing 
men may endeavor to excite a belief that there is a real 
difference of local interests and views. One of the expe¬ 
dients of party to acquire influence within particular 
districts, is to misrepresent the opinions and aims of other 


Washington’s farewell address. 


23 


districts. You cannot shield yourselves too much against 
the jealousies and heart-burnings which spring from these 
misrepresentations; mey tend to render alien to each 
other those who ought to be bound together by fraternal 
affection. The inhabitants of our western country have 
lately had a useful lesson on this head. They have seen 
in the negociation by the executive, and in the unanimous 
ratilication by the senate of the treaty with Spain, and in 
the universal satisfaction at that event throughout the 
United States, a decisive proof how unfounded were the 
suspicions propagated among them of a policy in the 
general government, and in the Atlantic states, untriend- 
ly to their interests in regard to the Mississippi. They 
have been witnesses to the formation of two treaties, that 
with Great Britain, and that with Spain, which secure to 
them every thing they could desire, in respect to our for¬ 
eign relations, toward confirming their prosperity. Will 
it not be their wisdom to rely for the preservation of these 
advantages on the union by which they were procured ? 
Will they not henceforth be deaf to those advisers, if such 
there are, who would sever them from their brethren, and 
connect them with aliens? 

To the efficacy and permanency of your union, a 
government for the whole is indispensable. No alliances, 
however strict between the parts, can be an adequate 
substitute; they must inevitably experience the infrac 
tions and interruptions which alliances in all times have 
experienced. Sensible of this momentous truth, you 
have improved upon your first essay, by the adoption of 
a constitution of government better calculated than you* - 
former for an intimate union, and for the efficacious 
management of your common concern. This govern¬ 
ment, the offspring of your own choice, uninfluenced ana 
unawed; adopted upon full investigation and mature de¬ 
liberation; completely free in its principles; in the di* 
tribution of its powers, uniting security with energy, 
and containing within itself provision for its own amend¬ 
ment, has a just claim to your confidence and youi 
support. Respect for its authority, compliance with its 
laws, acquiescence in its measures, are duties enjoined 
by the fundamental maxims of true liberty. The basis of 


24 


'CUE TRUE REPUBLICAN. 


our political system is the right of the people to make 
and to alter their constitutions of government. But the 
constitution which at any time exists, until changed by 
an explicit and authentic act of the whole people, is sa¬ 
credly obligatory upon all. The very idea of the power 
and the right of the people to establish government, pre¬ 
supposes the duty of every individual to obey the esta¬ 
blished government. 

All obstructions, to the execution of the laws, all 
combinations and associations, under whatever plausible 
character, with the real design to direct, control, coun¬ 
teract, or awe the regular deliberations and action of the 
constituted authorities, are destructive of this funda¬ 
mental principle, and of fatal tendency. They serve to 
organize faction; to give it an artificial and extraordinary 
force ; to put in the place of the delegated will of the 
nation, the will of party, often a small, but artful and en¬ 
terprising minority of the community; and according to 
the alternate triumphs of different parties, to make the 
public administration the mirror of the ill-concerted and 
incongruous projects of faction, rather than the organ of 
consistent and wholesome plans, digested by common 
counsels, and modified by mutual interests. 

However combinations or associations of the above 
description may now and then answer popular ends, they 
are likely, in the course of time and things, to become 
potent engines by which cunning, ambitious, and un¬ 
principled men will be enabled to subvert the power of 
the people, and to usurp for themselves the reins of 
government; destroying afterwards the very engines which 
have lifted them to unjust dominion. 

Towards the preservation of your government, and the 
permanency of your present happy state, it is requisite 
not only that you steadily discountenance irregular oppo¬ 
sition to its acknowledged authority, but also that you 
resist with care the spirit of innovation upon its princi 
pies, however specious the pretext. One method of 
assault may be to effect in the forms of the constitution 
alterations which will impair the energy of the system, 
and thus to undermine what cannot be directly over- 
hro wn. In all the changes to which you maybe invited, 


Washington’s farewell address. £5 

remember that time and habit are at least as necessary to 
fix the true character of governments, as of other human 
institutions; that experience is the surest standard by 
which to test the real tendency of the existing constitu¬ 
tions of a country; that facility in changes, upon the 
credit of mere hypothesis and opinion, exposes to per¬ 
petual change, from the endless variety of hypothesis and 
opinion; and remember especially, that from the efficient 
management of your common interests, in a country so 
extensive as ours, a government of as much vigor as is 
consistent with the perfect security of liberty, is indis¬ 
pensable. Liberty itself will find in such a government 
with powers properly distributed and adjusted, its surest 
guardian. It is, indeeed, little else than a name, where 
the government is too feeble to withstand the enterprises 
of faction, to confine each member of society within the 
limits prescribed by the laws, and to maintain all in the 
secure and tranquil enjoyment of the rights of person 
and property. 

I have already intimated to you the danger of parties 
in the state, with particular reference to the founding of 
them upon geographical discriminations. Let me now 
take a more comprehensive view, and warn you, in the 
most solemn manner, against the baneful effects of the 
spirit of party generally. 

This spirit, unfortunately, is inseparable from -our na- 
ture, having its root in the strongest passions of the human 
mind. It exists under different shapes in all governments, 
more or less stifled, controlled, or repressed; but in those 
of the popular form it is seen in its greatest rankness, 
and is truly their worst enemy. 

The alternate domination of one faction over another, 
sharpened by the spirit of revenge, natural to party 
dissention, which in different ages and countries has per¬ 
petrated the most horrid enormities, is itself a frightful 
despotism. But this leads at length to a more formal and 
permanent despotism. The disorders and miseries which 
result, gradually incline the minds of men to seek secu 
rity and repose in the absolute power ot an individual, 
and, sooner or later, the chief of some prevailing faction, 
more able or more fortunate than his competitors, turns 


26 


THE TRUE REPUBLICAN. 


this disposition to the purposes of his own elevation on 
the ruins of the public liberty. 

Without looking forward to an extremity of this kind, 
(which nevertheless ought not to be entirely out of sight,) 
the common and continual mischiefs of the spirit of party 
are sufficient to make it the interest and duty of a wise 
people to discourage and restrain it. 

It serves always to distract the public councils, and 
enfeeble the public administration. It agitates the com¬ 
munity with ill-founded jealousies and false alarms; kin¬ 
dles the animosity of one part against another; foments 
occasional riot and insurrection. It opens the door to 
foreign influence and corruption, which find a facilitated 
access to the government itself, through the channels of 
party passion. Thus the policy and will of one country 
are subjected to the policy and will of another. 

There is an opinion that parties in free countries are 
useful checks upon the administration of the government, 
and serve to keep alive the spirit of liberty. This, within 
certain limits, is-probably true ; and in governments of a 
monarchial cast, patriotism may look with indulgence, 
if not with favor, upon the spirit of party. But in those 
of popular character, in governments purely elective, it 
is a spirit not to be encouraged. From the natural ten¬ 
dency, it is certain there will always be enough of that 
spirit for every salutary purpose ; and there being constant 
danger of excess, the effort ought to be, by force of public 
opinion, to mitigate and assuage it. A fire not to be 
quenched, it demands a uniform vigilance to prevent its 
bursting into a flame, lest, instead of warming, it should 
consume. 

It is important, likewise, that the habits of thinking, 
in a free countrr, should inspire caution in those intrust¬ 
ed with its administration, to confine themselves within 
their respective constitutional spheres; avoiding, in the 
exercise of the powers of one department, to encroach 
upon another. The spirit of encroachment tends to con¬ 
solidate the powers of all the departments in one, and 
thus to create, whatever the form of government, a real 
despotism. A just estimate of that love of power, and 
proneness to abuse it, which predominate in the human 


Washington’s fargwlll address. 27 

heart, is sufficient to satisfy us of the truth of this posi¬ 
tion. The necessity of reciprocal checks in the exercise 
of political power, by dividing and distributing into dif 
ferent depositories, and constituting each the guardian of 
the public weal against invasions of the other, has been 
cwinced by experiments, ancient and modern; some of 
them in our country, and under our own eyes. To pre¬ 
serve them must be as necessary as to institute them. If, 
in the opinion of the people, the distribution or modifica¬ 
tion of the constitutional powers he, in any particular 
wrong, let it be corrected by an amendment in the way 
in which the constitution designates. But let there be no 
change by usurpation; for though this, in one instance, 
may be the instrument of good, it is the customary wea¬ 
pon by which free governments are destroyed. The pre¬ 
cedent must always greatly overbalance, in permanent 
evil, any partial or transient benefit which the use can at 
any time yield. 

Of all the dispositions and habits which lead to politi¬ 
cal prosperity, religion and morality are indispensable 
supports. In vain would that man claim the tribute of 
patriotism, who should labor to subvert these great pil¬ 
lars of human happiness—these firmest props of the duties 
of men and citizens. The mere politician, equally with 
the pious man, ought to respect and to cherish them. A 
volume could not trace all their connection with private 
and public felicity. Let it simply be asked, where is the 
security for property, for reputation, for life, if the sense 
of religious obligation desert the oaths, which are the 
instruments of investigation in courts of justice ? And 
let us with caution indulge the supposition that morality 
can be maintained without religion. Whatever may be 
conceded to the influence of refined education on minds 
of peculiar structure, reason and experience both forbid 
us to expect that national morality can prevail in exclu¬ 
sion of religious principles. 

It is substantially tfue that virtue or morality is a ne¬ 
cessary spring of popular government. The rule indeed 
extends with more or less force to every species of free 
government. Who that is a sincere friend to it can look 
w r ith indifference upon attempts to shake the foundation 
of the fabric ? 


28 


TIIE TRUE REPUBLICAN. 


Promote, then, as an object of primary importance 
institutions for the general diffusion of knowledge. In 
proportion as the structure of a government gives force 
to public opinion, it is essential that public opinion should 
be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it, is 
tc use it as sparingly as possible, avoiding occasions of 
expense by cultivating peace, but remembering, also, that 
timely disbursements to prepare for danger, frequently 
prevent much greater disbursements to repel it; avoiding 
likewise the accumulation of debt, not only by shunning 
occasions of expense, but by vigorous exertions in time 
of peace to discharge the debts which unavoidable wars 
have occasioned, not ungenerously throwing upon pos¬ 
terity the burdens which we ourselves ought to bear. The 
execution of these maxims belongs to your representa¬ 
tives ; but it is necessary that public opinion should co¬ 
operate. To facilitate to them the performance of their 
duty, it is essential that you should practically bear in 
mind, that towards the payment of debts there must be 
revenue; that to have revenue there must be taxes ; that 
* no taxes can be devised which are not more or less incon¬ 
venient and unpleasant; that the intrinsic embarrassment, 
inseparable from the selection of the proper objects, 
(which is always a choice of difficulties,) ought to be a 
decisive motive for a candid construction of the conduct 
of the government in making it, and for a spirit of acqui¬ 
escence in the measures for obtaining revenue which the 
public exigencies may at any time dictate. 

Observe good faith and justice towards all nations; 
cultivate peace and harmony with all; religion and mo¬ 
rality enjoin this conduct; and can it be that good policy 
does not equally enjoin it ? It will be worthy of a free, 
enlightened, and at no distant period, a great nation, to 
give to mankind the magnanimous and too novel example 
of a people always guided by an £xalted justice and be¬ 
nevolence. Who can doubt but that in the course of 
time and things the fruits of such a plan would richly re¬ 
pay any temporary advantages which might be lost by a 
steady adherence to it? Can it be that Providence has 


Washington’s farewell address. 29 

connected the permanent felicity of a nation with its 
virtue? The experiment, at least, is recommended by 
every sentiment which ennobles human nature. Alas ! 
it is rendered impossible by its vices! 

In the execution of such a plan, nothing is more 
essential than that permanent, inveterate antipathies 
against particular nations, and passionate attachment for 
others, should be excluded; and that in the place of 
them, just and amicable feelings towards all should be 
cultivated. The nation which indulges towards another 
an habitual hatred, or an habitual fondness, is in some 
degree, a slave. It is a slave’ to its animosity or to its 
affection, either of which is sufficient to lead it astray 
from its duty and its interest. Antipathy in one nation 
against another, disposes each more readily to offer insult 
and injury, to lay hold of slight causes of umbrage, and 
to be haughty and intractable when accidental or trifling 
occcasions of dispute occur. 

Hence frequent collisions, obstinate, envenomed, and 
bloody contests. The nation, prompted by ill will and 
resentment, sometimes impels to war the government, 
contrary to the best calculations of policy. The govern¬ 
ment sometimes participates in the national propensity, 
and adopts through passion what reason would reject; 
at other times it makes the animosity of the nation sub¬ 
servient to the projects of hostility, instigated by pride, 
ambition, and other sinister and pernicious motives. 
The peace often, sometimes, perhaps, the liberty of na¬ 
tions has been the victim. 

So, likewise, a passionate attachment of one nation for 
another produces a variety of evils. Sympathy for the 
favorite nation, facilitating the illusion of an imaginary 
common interest in cases where no real common interest 
exists, and infusing into one the enmities of the other, 
betrays the former into a participation in the quarrels and 
the wars of the latter, without adequate inducements or 
justification. It leads, also, to concessions to the favorite 
nation of privileges denied to others, which are apt 
doubly to injure the nation making the concessions, by 
unnecessarily parting with what ought to have been re¬ 
tained, and by exciting jealousy, ill will and a dispo 


30 


THE TRUE REPUBLICAN. 


eition to retaliate in the parties from whom equal privi¬ 
leges are withheld ; and it gives to ambitious, corrupt, or 
deluded citizens, (who devote themselves to the favorite 
nation,) facility to betray or sacrifice the interests of their 
own country without odium, sometimes even with popu¬ 
larity ; gilding with the appearances of a virtuous sense 
of obligation to a commendable deference for public opi¬ 
nion, or a laudable zeal for public good, the base or fool- 
lish compliances of ambition, corruption, or infatuation. 

As avenues to foreign influence, in innumerable ways, 
such attachments are particularly alarming to the truly 
enlightened and independent patriot. How many oppor¬ 
tunities do they afford to tamper with domestic factions, 
to practise the art of seduction, to mislead public opinion, 
to influence or awe the public councils ! Such an at¬ 
tachment of a small or weak, towards a great and power¬ 
ful nation, dooms the former to be the satellite of the 
latter. Against the insidious wiles of foreign influence 
(I conjure you to believe me, fellow-citizens) the jealousy 
of a free people ought to be constantly awake, since 
history and experience prove that foreign influence is one 
of the most baneful foes of republican government. But 
that jealousy, to be useful, must be impartial, else it be¬ 
comes the instrument of the very influence to be avoided, 
instead of a defence against it. Excessive partiality for 
one foreign nation, and excessive dislike for another, 
cause those whom they actuate to see danger only on one 
side, and serve to veil and even second the arts of influ¬ 
ence on the other. Real patriots, who may resist the 
intrigues of the favorite, are liable to become suspected 
and odious; while its tools and dupes usurp the applause 
and confidence of the people to surrender their interests. 

The great rule of conduct for us, in regard to foreign 
nations, is, in extending our commercial relations to have 
with them as little political connection as possible. So 
far as we have already formed engagements, let them be 
fulfilled with perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us have 
none, or a very remote relation. Hence, she must be 
engaged in frequent controversies, the causes of which 


Washington's farewell address. 31 

are essentially foreign to our concerns. Hence, there¬ 
fore, it must be unwise in us to implicate ourselves by 
artificial ties, in the ordinary vicissitude of her politics, 
or the ordinary combinations and collisions of her friend¬ 
ships or enmities. 

Our detached and distant situation invites and enables 
us to pursue a different course. If we remain one peo¬ 
ple, under an efficient government, the period is not far 
off when we may defy material injury from external 
annoyance; when we may take such an attitude as will 
cause the neutrality we may at any time resolve upon, to 
be scrupulously respected; when belligerent nations, 
under the impossibility of making acquisitions upon us, 
will not lightly hazard the giving us provocation; when 
we may choose peace or war, as our interest, guided by 
justice, shall counsel. 

Why forego the advantages of so peculiar a situation ? 
Why quit our own to stand upon foreign ground ? Why, 
by interweaving our destiny with that of any part of 
Europe, entangle our peace and prosperity in the toils 
of European ambition, rivalship, interest, humor or ca¬ 
price ? 

It is our true policy to steer clear of permanent alli¬ 
ances with any portion of the foreign world; so far I mean, 
as we are now at liberty to do it; for let me not be un¬ 
derstood as capable of patronizing infidelity to existing 
engagements. I hold the maxim no less applicable to 
public than to private affairs, that honesty is always the 
best policy. I repeat, therefore, let those engagements be 
observed in their genuine sense. But in my opinion, it 
is unnecessary, and would be unwise to extend them. 

Taking care always to keep ourselves, by suitable 
establishments, on a respectable defensive posture, we 
may safely trust to temporary alliances for extraordinary 
emergencies. 

Harmony, and a liberal intercourse with all nations, 
are recommended by policy, humanity, and interest. 
But even our commercial policy should hold an equal 
and impartial hand; neither seeking nor granting exclu¬ 
sive favors or preferences; consulting the natural course 
of things; diffusing and diversifying by gentle means tha 


32 


THE TRUE REPUBLICAN. 


stream of commerce, but forcing nothing; establishing 
with powers so disposed, in order to give trade a stable 
course, to define the rights of our merchants, and to 
enable the government to support them, conventional 
rules of intercourse, the best that present circumstances 
and natural opinion will permit, but temporary, and 
liable to be, from time to time, abandoned or varied, 
experience and circumstances shall dictate; constantly 
keeping in view that it is folly in one nation to look for 
disinterested favors from another; that it must pay with 
a portion of its independence for whatever it may-accept 
under that character; that by such acceptance, it may 
place itself in the condition of having given equivalents 
for nominal favors, and yet of being reproached with 
ingratitude for not giving more. There can be no greater 
error than to expect or calculate upon real favors from 
nation to nation. It is an illusion which experience 
must cure, which a just pride ought to discard. 

In offering to you, my countrymen, these counsels of 
an old affectionate friend, I dare not hope they will make 
the strong and lasting impression I could wish—that they 
will control the usual current of the passions, or prevent 
our nation from running the course which has hitherto 
marked the destiny of nations. But if I may even flatter 
myself that they may be productive of some partial bene¬ 
fit, some occasional good; that they may now and then 
recur to moderate the fury of party spirit; to warn against 
the mischiefs of foreign intrigue; to guard against the 
impostures of pretended patriotism; this hope will be a 
full recompense for the solicitude for your welfare by 
which they have been dictated. 

How far in the discharge of my official duties I have 
been guided by the principles which have been delinea¬ 
ted, the public records and other evidences of my conduct 
must witness to you and to the world. To myself, the 
assurance of my own conscience is, that I have at least 
believed myself to be guided by them. 

In relation to the still subsisting war in Europe, my 
proclamation of the 22d of April, 1793, is the index to 
my plan. Sanctioned by your approving voice, and by 
that of your representatives in both houses of Congress, 


Washington’s farewell address. 


33 


the spirit of that measure has continually governed me ; 
uninfluenced by any attempts to deter or divert me from it. 

After deliberate examination, with the aids of the best 
lights I could obtain, I was well satisfied that our coun¬ 
try, under all the circumstances of the case, had a right 
to take, and was bound in duty and interest to take, a 
neutral position. Having taken it, I determined, as far 
as should depend upon me, to maintain it with modera¬ 
tion, perseverance and firmness. 

'File considerations which respect the right to hold 
this conduct, it is not necessary on this occasion to de¬ 
tail. I will only observe, that according to my under¬ 
standing of the matter, that right, so far from being de¬ 
nied by any of the belligerent powers, has been virtually 

admitted by all. 

./ 

The duty of holdings neutral conduct may be inferred, 
without any thing more, from the obligation which justice 
and humanity impose on every nation, in cases in which 
it is free to act, to maintain inviolate the relations of 
peace and amity towards other nations. 

The inducements of interest for observing that con¬ 
duct., will best be referred to your own reflections and 
experience. With me, a predominant motive has been to 
endeavor to gain time to our country, to settle and mature 
its yet recent institutions, and to progress, without inter¬ 
ruption, to that degree of strength and constancy, which 
is necessary to give it, humanely speaking, the command 
of j's own fortune. 

li- mgh in reviewing the incidents of my administra¬ 
tion, . am unconscious of intentional error; 1 am ne¬ 
vertheless ao sensible of my defects not to think it pro¬ 
bable that 1 <*ay have committed many errors. What¬ 
ever they may be, I fervently beseech the Almighty to 
avert or mitigate the evils to which they may ten 1. I 
shall also carry with me the hope that my country will 
never cease to view them with indulgence; and that, 
after forty-five years of my life dedicated to its service, 
with an upright zeal, the faults of incompetent abilities 
will be consigned to oblivion, as myself must soon be to 
the mansions of rest. 


34 


THE TRUE REPUBLICAN. 


Relying on its kindness in this as in other things, and 
actuated by that fervent love towards it, which is so natu¬ 
ral to a man who views in it the native soil of himself 
and his progenitors for several generations ; I anticipate, 
with pleasing expectation, that retreat, in which I promise 
myself to realize, without alloy, the sweet enjoyment of 
partaking in the midst of my fellow-citizens, the benign 
influence of good laws, under a free government; the 
ever favorite object of my heart, and the happy reward, 
as I trust, of our mutual cares, labors and dangers. 


ADAMS’ INAUGURAL ADDRESS, 

March 4, 1797. 

When it was first perceived, in early times, that no 
middle course for America remained, between unlimited 
submission to a foreign legislature, and a total indepen¬ 
dence of its claims, men of reflection were less apprehen¬ 
sive of danger from the formidable power of fleets and 
armies they must determine to resist, than from those 
contests and dissensions which would certainly arise con¬ 
cerning the forms of government to be instituted over the 
whole and over the parts of this extensive country. Rely¬ 
ing, however, on the purity of their intentions, the justice 
of their cause, and the integrity and intelligence of the 
people, under an overruling Providence which had so sig¬ 
nally protected this country from the first, the represen¬ 
tatives of this nation, then consisting of little more than 
half its present number, not only broke to pieces the 
chains which were forging, and the rod of iron that was 
lifted up, but frankly cut asunder the ties which had 
bound them, and launched into an ocean of uncertainty. 

The zeal and ardor of the people, during the revolu¬ 
tionary war, supplying the place of government, com¬ 
manded a degree of order, sufficient at least for the tem¬ 
porary preservation of society. The confederation which 












































ADAMS* INAUGURAL ADDRESS. 


35 


was early felt to be necessary was prepared from the mo 
dels of the Batavian and Helvetic confederacies: the only 
examples which remain, with any detail and precision in 
history, and certainly the only ones which the people at 
large had ever considered. But, reflecting on the striking 
difference in so many particulars, between this country 
and those, where a courier may go from the seat of go¬ 
vernment to the frontier in a single day, it was then cer¬ 
tainly foreseen by some who assisted in Congress at the 
formation of it, that it could not be durable. 

Negligence of its regulations, inattention to its recom¬ 
mendations, if not disobedience to its authority, not only 
in individuals, but in states, soon appeared with their mel¬ 
ancholy consequences; universal languor; jealousies and 
rivalries of states; decline of navigation and commerce; 
discouragement of necessary manufactures; universal fall 
in the value of lands and their produce ; contempt of 
public and private faith; loss of consideration and credit 
with foreign nations ; and, at length, in discontents, ani¬ 
mosities, combinations, partial conventions, and insurrec¬ 
tion, threatening some great national calamity. 

In this dangerous crisis, the people of America were 
not abandoned by their usual good sense, presence of 
mind, resolution, or integrity. Measures were pursued 
to concert a plan to form a more perfect union, establish 
justice, insure domestic tranquillity, provide for the com¬ 
mon defence, promote the general welfare, and secure 
the blessings of liberty. The public disquisitions, dis¬ 
cussions and deliberations, issued in the present happy 
constitution of government. 

Employed in the service of my country abroad during 
the whole course of these transactions, I first saw the 
constitution of the United States in a foreign country. 
Irritated by no literary altercation, animated by no public 
debate, heated by no party animosity, I read it with great 
satisfaction, as a result of good heads, prompted by good 
hearts; as an experiment better adapted to the genius* 
character, situation, and relations of this nation and 
country, than any which had ever been proposed or sug¬ 
gested. In its general principles and great outlines, il 


3G 


THE TRUE REPUBLICAN. 


was conformable to such a system of government as I ha4 
ever most esteemed, and some stales, my own native 
state in particular, had contributed to establish. Claim 
ing a right of suffrage, in common with my fellow-citi¬ 
zens, in the adoption or rejection of a constitution which 
was to rule me and my posterity, as well as them and 
theirs, I did not hesitate to express my approbation of it, 
on all occasions, in public and in private. It was not 
then, nor has been since, any objection to it, in my mind, 
that the executive and senate were not more permanent. 
Nor have I ever entertained a thought of promoting any 
alteration in it, but such as the people themselves, in the 
course of their experience, should see and feel to be ne¬ 
cessary or expedient, and by their Representatives in Con¬ 
gress and the state legislatures, according to the consti¬ 
tution itself, adopt and ordain. 

Returning to the bosom of my country, after a painful 
separation from it for ten years, I had the honor to be 
elected to a station under the new order of things, and I 
have repeatedly laid myself under the most serious obli¬ 
gations to support the constitution. The operation of it 
has equalled the mostsanguine expectations of its friends; 
and, from an habitual attention to it, satisfaction in its 
administration, and delight in its effects upon the peace, 
order, prosperity, and happiness of the nation, I have ac¬ 
quired an habitual attachment to it and veneration for it. 

What other form of government, indeed, can so well 
deserve our esteem and love? 

There may he little solidity in an ancient idea, that 
congregations of men into cities and nations are the most 
pleasing objects in the sight of superior intelligencies : 
but this is ve.ry certain, that, toa benevolenthuman mind, 
there can be no spectacle presented by any nation more 
pleasing, more noble, majestic, or august, than an as¬ 
sembly like that which has so often been seen in this 
and the other chamber of Congress, of a government, in 
which the executive authority, as well as that of all the 
branches of the legislature, are exercised by citizens se- 
.ected, at regular periods, by their neighbors, to make 
and execute laws for the general good. Can any thing 


ADAMS* INAUGURAL ADDRESS. 37 

essential, any thing more than mere ornament and deco¬ 
ration, be added to this by robes and diamonds? Can 
authority be more amiable and respectable, when it de¬ 
scends from accidents, or institutions established in re¬ 
mote antiquity, than when it springs fresh from the hearts 
and judgments of an honest and enlightened people ? 
For it is the people only that are represented: it is their 
power and majesty that is reflected, and only for their 
good, in every legitimate government, under whatever 
form it may appear. The existence of such a govern¬ 
ment as ours, for any length of time, is a full proof of a 
general dissemination of knowledge and virtue through¬ 
out the whole body of the people. And what object or 
consideration more pleasing than this, can be presented 
to the human mind? If national pride is ever justifiable, 
or excusable, it is when it springs, not from power or 
riches, grandeur or glory, but from conviction of national 
innocence, information and benevolence. 

In the midst of these pleasing ideas, we should be un¬ 
faithful to ourselves, if we should ever lose sight of the 
danger to our liberties, if any thing partial or extraneous 
should infect the purity of our free, fair, virtuous, and in¬ 
dependent elections. If an election is to be determined 
by a majority of a single vote, and that can be procured 
by a party, through artifice or corruption, the government 
may be the choice of a party, for its own ends, not of 
the nation for the national good. If that solitary suffrage 
can be obtained by foreign nations by flattery or menaces, 
by fraud or violence, by terror, intrigue, or venality, the 
government may not be the choice of the American peo¬ 
ple, but of foreign nations. It may be foreign nations 
who govern us, and not we, the people, who govern our¬ 
selves. And candid men will acknowledge, that in such 
cases, choice would have little advantage to boast of, over 
lot or chance. 

Such is the amiable and interesting system of govern¬ 
ment (and such are some of the abuses to which it may 
be exposed) which the people of America have exhibited 
to the admiration and anxiety of the wise and virtuous of 
all nations for eight years, under the administration of a 
citizen, who, by a long course of great actions, regulated 
1 


88 


THE TRUE REPl'Bl ICAH. 


by prudence, justice, temperance, and fortitude, conduct, 
ing a people, inspired with the same virtues, and anima 
ted with the same ardent patriotism and love of liberty, 
to independence and peace, to increasing wealth and un 
exampled prosperity, has merited the gratitude of his fel¬ 
low-citizens, commanded the highest praises of foreign 
nations, and secured immortal glory with posterity. 

In that retirement which is his voluntary choice, may 
he long live to enjoy the delicious recollection of his ser¬ 
vices, the gratitude of mankind, the happy fruits of them 
to himself and the world, which are daily increasing, and 
that splendid prospect of the future fortunes of this coun¬ 
try which is opening from year to year. His name may 
be still a rampart, and the knowledge that he lives, a bul¬ 
wark against all open or secret enemies of his country’s 
peace. This example has been recommended to the imi¬ 
tation of his successors by both houses of Congress, and 
by the voice of the legislatures and the people throughout 
the nation. 

On this subject it might become me better to be silent, 
or to speak with diffidence; but, as something may be ex¬ 
pected, the occasion, I hope, will be admitted as an apo¬ 
logy, if I venture to say, That, 

If a preference, upon principle, of a free republican 
government, formed upon long and serious reflection, after 
a diligent and impartial inquiry after truth ; if an attach¬ 
ment to the constitution of the United States, and a con¬ 
scientious determination to support it, until it shall be al¬ 
tered by the judgments and wishes of the people, express¬ 
ed in the mode prescribed in it; if a respectful attention 
to the constitutions of the individual states, and a con¬ 
stant caution and delicacy towards the state governments; 
if an equal and impartial regard to the rights, interest, 
honor, and happiness of all the states in the Union, with¬ 
out preference or regard to a northern or southern, an 
eastern or western position, their various political opi¬ 
nions on unessential points, or their personal attachments; 
if a love of virtuous men of all parties and denomina¬ 
tions ; if a love of science and letters, and a wish to pa¬ 
tronize every rational effort to encourage schools, col¬ 
leges, universities, academies, and every institution for pro- 


ADAMS* INAXJCURAL ADDRESS. 


39 


pagating knowledge, virtue, and religion, among all classes 
of the people, not only for their benign iniluence on 
the happiness of life in all its stages and classes, and of 
society in all its forms, but as the only means of preserv¬ 
ing our constitution from its natural enemies, the spirit 
of sophistry, the spirit of party, the spirit of intrigue, the 
profligacy of corruption, and the pestilence of foreign in¬ 
fluence, which is the angel of destruction to elective go¬ 
vernments ; if a love of equal laws, of justice, and hu¬ 
manity in the interior administration; if an inclination to 
improve agriculture, commerce, and manufactures for ne¬ 
cessity, convenience, and defence; if a spirit of equity 
and humanity towards the aboriginal nations of America, 
and a disposition to meliorate their condition by inclining 
them to be more friendly to us, and our citizens to be 
more friendly to them; if an inflexible determination to 
maintain peace and inviolable faith with all nations, and 
that system of neutrality and impartiality among the bel¬ 
ligerent powers of Europe which has been adopted by 
this government, and so solemnly sanctioned by both 
houses of Congress, and applauded by the legislatures of 
the states and the public opinion, until it shall be other¬ 
wise ordained by Congress; if a personal esteem foi the 
French nation, formed in a residence of seven years, 
chiefly among them, and a sincere desire to preserve 
the friendship which has been so much for the honor and 
interest of both nations; if, while the conscious honor and 
integrity of the people of America, and the internal senti¬ 
ment of their own power and energies must be preserved, 
an earnest endeavor to investigate every just cause, ano 
remove every colorable pretence of complaint; if an in¬ 
tention to pursue by amicable negociation a reparation for 
the injuries that have been committed on the commerce 
of our fellow-citizens by whatever nation; and if success 
cannot be obtained, to lay the facts before the legislature, 
that they may consider what further measures the honor 
and interest of the government and its constituents de¬ 
mand ; if a resolution to do justice, as far as may depend 
upon me, at all times and to all nations, and maintain 
peace, friendship, and benevolence with all the world; 
if an unshaken confidence in the honor, spirit, and re- 


40 


THE TRUE REPUBLICAN. 


sources of the American people, on which I have so often 
hazarded my all, and nerer been deceived; if elevated 
ideas of the high destinies of this country and of my own 
duties towards it, founded on a knowledge of the moral 
principles and intellectual improvements of the people, 
deeply engraven on my mind in early life, and not obscu¬ 
red, but exalted by experience and age; and, with humble 
reverence, I feel it to be my duty to add, if a veneration 
lor the religionofa people who profess and call themselves 
Christians, and a fixed resolution to consider a decentre* 
spect for Christianity among the best recommendations 
for the public service, can enable me, in any degree to 
comply with your wishes, it shall be my strenuous endea¬ 
vor, that this sagacious injunction of the two houses shall 
not be without effect. 

With this great example before me, with the sense and 
spirit, the faith and honor, the duty and interest, of the 
same American people, pledged to support the constitu¬ 
tion of the United States, I entertain no doubt of its con 
tinuance in all its energy, and my mind is prepared, with 
out hesitation, to lay myself under the most solemn obli¬ 
gations to support it to the utmost of my power. 

And may that Being who is supreme over all, the Pa 
tron of order, the Fountain of justice, and the Protector, 
in all ages of the world, of virtuous liberty, continue hia 
blessing upon this nation and its government, and give it 
all possible success and duration consistent with the ends 
of his Providence. 


ADAMS’ FIRST ANNUAL ADDRESS, 

November 23, 1797. 

Gentlemen of the Senate 

and House of Representatives: 

I was for some time apprehensive that it would be ne¬ 
cessary, on account of the contagious sickness which af¬ 
flicted the city of Philadelphia, to convene the national 
•egislature at some other place. This measure it was 



ADAMS’ FIRST ANNUAL ADDRESS. 


41 


Qcsn able to avoid, because it would occasion much public 
inconvenience, and a considerable public expense, and 
add to the calamities of the inhabitants of this city, whose 
sufferings mast have excited the sympathy of all their fel¬ 
low-citizens ,* therefore, after taking measures to ascer¬ 
tain the state and decline of the sickness, I postponed my 
determination, having hopes, now happily realized, that, 
without hazard to the lives of the members, Congress 
might assemble at this place, where it was by law next 
to meet. I submit, however, to your consideration, whe¬ 
ther a power to postpone the meeting of Congress, with¬ 
out passing the time fixed by the constitution, upon such 
occasions, would not be a useful amendment to the law of 
one thousand seven hundred and ninety-four. 

Although I cannot yet congratulate you on the re-esta¬ 
blishment of peace in Europe, and the restoration of se 
curity to the persons and properties of our citizens from 
injustice and violence at sea; we have, nevertheless, 
abundant cause of gratitude to the Source of benevolence 
and influence, for interior tranquillity and personal secu¬ 
rity, for propitious seasons, prosperous agriculture, pro¬ 
ductive fisheries, and general improvements, and above 
all, for a rational spirit of civil and religious liberty, and 
a calm but steady determination to support our sovereign¬ 
ty, as well as our moral and religious principles, against 
ail open and secret attacks. 

Our envoys extraordinary to the French republic em¬ 
barked, one in July, the other early in August to join 
their colleague in Holland. I have received intelligence 
of the arrival of both of them in Holland, from whence 
they all proceeded on their journey to Paris, within a few 
days of the 19th of September. Whatever may be the 
result of this mission, I trust that nothing will have been 
omitted, on my part, to conduct the negociation to a suc¬ 
cessful conclusion, on such equitable terms as may be 
compatible with the safety, honor, and interest of the 
United States. Nothing, in the mean time, will contri¬ 
bute so much to the preservation of peace, and the attain¬ 
ment of justice, as a manifestation of that energy and una 
nimity, of which, on many former occasions, the people 
of the United States have given such memorable proof*, 
4* 


42 


THE TRUE REPUBLICAN 


and the exertion of those resources for national defence 
which a beneficent Providence lias kindly placed within 
their power. 

It may be confidently asserted, that nothing has occur¬ 
red, since the adjournment of Congress, which renders 
inexpedient those precautionary measures recommended 
by me to the consideration of the two houses, at the open¬ 
ing of your late extraordinary session. If that system 
was then prudent, it is more so now, as increasing depre 
dations strengthen the reasons for its adoption. 

Indeed, whatever may be the issue of the negociation 
with France, and whether the war in Europe is, or is not, 
to continue, I hold it most certain, that permanent tran¬ 
quillity and order will not soon be obtained. The state 
of society has so long been disturbed, the sense of moral 
and religious obligations so much weakened, public faith 
and national honor have been so impaired, respecx to trea¬ 
ties has been so diminished, and the law of nations has 
lost so much of its force; while pride, ambition, avarice, 
and violence, have been so long unrestrained, there re 
mains no reasonable ground on which to raise an expec¬ 
tation, that a commerce without protection or defence wil\ 
not be plundered. 

The commerce of the United States is essential, if not 
to their existence, at least to their comfort, their growth, 
prosperity, and happiness. The genius, character, and 
habits of the people are highly commercial; their cities 
have been formed and exist upon commerce; our agri¬ 
culture, fisheries, arts, and manufactures, are connected 
with and depend upon it. In short, commerce has made 
this country what it is, and it cannot be destroyed or neg¬ 
lected without involving the people in poverty and dis¬ 
tress. Great numbers are directly and solely supported 
by navigation ; the faith of society is pledged for the pre¬ 
servation of the rights of commercial and seafaring, no 
less than of the other citizens. Under this view of our 
affairs, I should hold myself guilty of a neglect of duty if 
I forbore to recommend that we should make every exer 
tion to protect our commerce, and to place our country in 
v suitable posture of defence, as the on-'y sure means ol 
preserving both. 


Adams’ first annual address. 


43 


I have entertained an expectation that it would have 
been in my power, at the opening of tills session, to have 
communicated to you the agreeable information of the 
due execution of our treaty with his Catholic majesty,re¬ 
specting the withdrawing of his troops from our territory, 
and the demarkation of the line of limits ; but, by the 
latest authentic intelligence, Spanish garrisons were still 
continued within our country, and the running of the 
boundary line had not been commenced; these circum¬ 
stances are the more to be regretted, as they cannot fail to 
affect the Indians in a manner injurious to the United 
States. Still, however, indulging the hope that the 
answers which have been given will remove the objec¬ 
tions offered by the Spanish officers to the immediate 
execution of the treaty, I have judged it proper that we 
should continue in readiness to receive the posts, and to 
run the line of limits. Further information on this sub¬ 
ject will be communicated in the course of the session. 

In connection with this unpleasant state of things on 
our western frontier, it is proper for me to mention the 
attempts of foreign agents to alienate the affections of 
the Indian nations, and to excite them to actual hostili¬ 
ties against the United States; great activity has been ex¬ 
erted by those persons who have insinuated themselves 
among the Indian tribes residing within the territory of 
the United States, to influence them to transfer their af¬ 
fections and force to a foreign nation, to form them into 
a confederacy, and prepare them for a war against the 
United States. Although measures have been taken to 
counteract these infractions of our rights, to prevent In¬ 
dian hostilities, and to preserve entire their attachment 
to the United States, itismy duty to observe, that, to give 
a better effect to these measures, and to obviate the con¬ 
sequences of a repetition of such practices, a law provi¬ 
ding adequate punishment for such offences may be ne¬ 
cessary. 

The commissioners appointed under the fifth article of 
the treaty of amity, commerce and navigation between 
the United States and Great Britain, to ascertain the river 
which was truly intended under the name of the river St. 
Croix, mentioned in the treaty of peace, met at Passa 


44 


THE TRUE REPUBLIC AX. 


maquoddy Bay, in October, one thousand seven hundrcu 
and ninety-six, and viewed the mouths of the rivers in 
question, and adjacent shores on the islands; and being 
of opinion, that actual surveys of both rivers, to their 
sources, were necessary, gave to the agents of the two 
nations instructions for that purpose, and adjourned to 
meet at Boston, in August. They met; but the surveys 
requiring more time than had been supposed, and not be¬ 
ing then completed, the commissioners again adjourned 
to meet at Providence, in the state of Rhode island, in 
June next, when we may expect a final examination and 
decision. 

The cornmissioners appointed in pursuance of the sixth 
article of the treaty, met at Philadelphia, in May last, to 
examine the claims of British subjects for debts contract¬ 
ed before the peace, and still remaining due to them from 
citizens or inhabitants of the United States. Various 
causes have hitherto prevented any determinations; but 
the business is now resumed, and doubtless will be prose¬ 
cuted without interruption. 

Several decisions on the claims of the citizens of the 
United States for losses and damages sustained by reason 
of irregular and illegal captures or condemnations of their 
vessels or other property, have been made by the com¬ 
missioners in London, conformably to the seventh arti¬ 
cle of the treaty. The sums awarded by the commis¬ 
sioners have been paid by the British government; a con¬ 
siderable number of other claims, where costs and darna 
ges, and not captured property, were the only objects in 
question, have been decided by arbitration, and the sums 
awarded to the citizens of the United States have also 
been paid. 

The commissioners appointed, agreeably to the twen¬ 
ty-first article of our treaty with Spain, met at Philadel¬ 
phia, in the summer past, to examine and decide on the 
claims of our citizens for losses they have sustained in 
consequence of their vessels and cargoes having been ta¬ 
ken by the subjects of his Catholic majesty, during the 
ate war between Spain and France. Their sittings have 
been interrupted, but are new \esumed. 


ada?,is’ first annual address. 


45 


The United States being obligated to make compensa 
Hon for the losses and damages sustained by British sub¬ 
jects, upon the award of the commissioners acting under 
the sixth article of the treaty with Great Britain, and for 
the losses and damages sustained by British subjects, by 
reason of the capture of their vessels and merchandise, 
taken within the limits and jurisdiction of the United 
States, and brought into their ports, or taken by vessels 
originally armed in ports of the United States, upon the 
awards of the commissioners, acting under the seventh ar¬ 
ticle of the same treaty; it is necessary that provision be 
made for fulfilling these obligations. 

The numerous captures of American vessels by the 
cruisers of the French republic, and of some of those of 
Spain, have occasioned considerable expenses in making 
and supporting the claims of our citizens before their 
tribunals. The sums required for this purpose, have, in 
divers instances, been disbursed by the consuls of the 
United States. By means of the same captures, great 
numbers of our seamen have been thrown ashore in for¬ 
eign countries, destitute of all means of subsistence, and 
the sick, in particular, have been exposed to grievous suf¬ 
ferings. The consuls have, in these cases also, advanced 
money for their relief; for these advances they reasonably 
expect reimbursements from the United States. 

The .consular act, relative to seamen, requires revision 
and amendment; the provisions for their support in for¬ 
eign countries, and for their return, are found to be inade¬ 
quate and ineffectual. Another provision seems neces¬ 
sary to be added to the consular act; some foreign vessels 
have been discovered sailing under the flag of the United 
States, and with forged papers ; it seldom happens that 
the consuls can detect this deception, because they have 
no authority to demand an inspection of the registers and 
sea-letters. 

Gentlemen of the House of Representatives: 

It is my duty to recommend to your serious considera¬ 
tion those objects, which, by the constitution, are placed 
particularly within your sphere, the national debts and 
taxes 


40 


THE TRUE REPUBLICAN 


Since the decay of the feudal system, by which tire 
public defence was provided for chiefly at the expense of 
individuals, the system of loans has been introduced; and 
as no nation can raise within the year, by taxes, sufficient 
sums for the defence and military operations in time of 
war, the sums loaned and debts contracted have necessa¬ 
rily become the subjects of what have been called fund¬ 
ing 1 systems. The consequences arising from the contin¬ 
ual accumulation of public debts in other countries, ought 
to admonish us to be careful to prevent their growth in 
our own. The national defence must be provided for, as 
well as the support of government; but both should be 
accomplished, as much as possible, by immediate taxes, 
and as little as possible by loans. 

The estimates for the service of the ensuing year, will 
by my direction, be laid before you. 

Gentlemen of the Senate , 

and House of Representatives: 

We are met together at a most interesting period. The 
situations of the principal powers of Europe are singular 
and portentous. Connected with some by treaties, and 
with all by commerce, no important event there can be in¬ 
different to us. Such circumstances call with peculiar 
importunity, not less for a disposition to unite in all those 
measures on which the honor, safety, and prosperity ol 
our country depend, than for all the exertions of wisdom 
and firmness. 

In all such measures, you may rely on my zealous and 
hearty concurrence. 


JEFFERSON’S INAUGURAL ADDRESS, 

March 4, 1801. 

Friends and Fellow-citizens: 

Called upon to undertake the duties of the first execu¬ 
tive office of our country, I avail myself of the presence 
of that portion of my fellow-citizens which is here as- 

































Jefferson’s inaugural address. 


47 


sembled, to express my grateful thanks for the favor with 
which they have been pleased to look towards me, to de¬ 
clare a sincere consciousness that the task is above my 
talents, and that I approach it with those anxious and aw¬ 
ful presentiments, which the greatness of the charge, and 
tne weakness of my powers, so justly inspire. A rising 
nation, spread over a wide and fruitful land, traversing all 
the seas with the rich productions of their industry, en¬ 
gaged in commerce with nations who feel power and for¬ 
get right, advancing rapidly to destinies beyond the reach 
of mortal eye; when I contemplate these transcendent 
objects, and see the honor, the happiness, and the hopes 
of this beloved country committed to the issue and the 
auspices of this day, I shrink from the contemplation, and 
humble myself before the magnitude of the undertaking. 
Utterly indeed should I despair, did not the presence of 
many whom I here see remind me that, in the other high 
authorities provided by our constitution, I shall find re¬ 
sources of wisdom, of virtue, and of zeal, on which to 
rely under all difficulties. To you, then, gentleman, who 
are charged with the sovereign functions of legislation, 
and to those associated with you, I look with encourage¬ 
ment for that guidance and support which may enable us 
to steer with safety the vessel in which we are all em¬ 
barked amid the conflicting elements of a troubled world. 

During the contest of opinion through which we have 
passed, the animation of discussion and of exertions has 
sometimes worn an aspect which might impose on stran¬ 
gers unused to think freely, and to speak and to write 
what they think; but this being now decided by the voice 
of the nation, announced according to the rules of the 
constitution, all will of course arrange themselves under 
the will of the law, and unite in common efforts for the 
common good. All too will bear in mind this sacred 
principle, that though the will of the majority is in all 
cases to prevail, that will, to be rightful, must be reason¬ 
able; that the minority possess their equal rights, which 
equal law must protect, and to violate, would be oppres¬ 
sion. Let us, then, fellow-citizens, unite with one heart 
and one mind, let us restore to social intercourse that 
harmony, and affection, without which liberty, and even 
life itself, are but dreary things. And let us reflect, that. 


48 


THE TRUE REPUBLICAN. 


having banished from our land that religious intolerance 
under which mankind so long bled and suffered, we have 
yet gained little, if we countenance a political intole¬ 
rance, as despotic, as wicked, and capable of as bitter and 
bloody persecutions. During the throes and convulsions 
of the ancient world, during the agonizing spasms of in 
furiated man, seeking through blood and slaughter his 
long-lost liberty, it was not wonderful that the agitation 
of the billows should reach even this distant and peaceful 
shore; that this should be more felt and feared by some, 
and less by others ; that this should divide opinions as to 
measures of safety; but every difference of opinion is not 
a difference of principle. We have called by different 
names brethren of the same principle. We are all repub¬ 
licans; we are all federalists. If there be any among 
us who would wish to dissolve this Union, or to change 
its republican form, let them stand undisturbed as monu¬ 
ments of the safety with which error of opinion may be 
tolerated, where reason is left free to combat it. I know 
indeed that some honest men fear that a republican gov¬ 
ernment cannot be strong ; that this government is not 
strong enough. But would the honest patriot, in the full 
tide of successful experiment, abandon a government which 
has so far kept us free and firm, on the theoretic and vis¬ 
ionary fear that this government, the world’s best hope, 
may, by possibility, want energy to preserve itself? I 
trust not. I believe this, on the contrary, the strongest 
government on earth. I believe it the only one where 
every man, at the call of the laws, would fly to the stan¬ 
dard of the law, and would meet invasions of the public 
order as his own personal concern. Sometimes it is said 
that man cannot be trusted with the government of him¬ 
self. Can he then he trusted with the government of 
others; or have we found angels in the forms of kings to 
govern him? Let history answer this question. 

Let us, then, with courage and confidence, pursue our 
own federal and republican principles, our attachment to 
our union and representative government. Kindly sepa¬ 
rated by nature and a wide ocean from the exterminating 
havoc of one quarter of the globe; too high-minded to 
enduie the degradations of the others; possessing a 


jeffe«.?on’s inaugural apdress. 49 

chosen country, with room enough for our descendants tc 
the thousandth and thousandth generation; entertaining 
a due sense of our equal right to the use of our own fa¬ 
culties, to the acquisitions of our industry, to honor and 
confidence from our fellow-citizens, resulting not from 
birth, but from our actions and their sense of them ; en¬ 
lightened by a benign 'religion, professed indeed and 
practised in various forms, yet all of them including ho¬ 
nesty, truth, temperance, gratitude, and the love of man, 
acknowledging and adoring an overruling Providence, 
which, by all its dispensations, proves that it delights in 
the happiness of man here, and his greater happiness 
hereafter; with all these blessings, what more is neces¬ 
sary to make us a happy and prosperous people ? Still 
one thing more, fellow-citizens—a wise and frugal govern¬ 
ment, which shall restrain men from injuring one another, 
shall leave them otherwise free to regulate their own pur¬ 
suits of industry and improvement, and shall not take from 
the mouth of labor the bread it has earned. This is the 
sum of good government, and this is necessary to close 
the circle of our felicities. 

About to enter, fellow-citizens, on the exercise of du¬ 
ties which comprehend every thing dear and valuable to 
you, it is proper that you should understand what I deem 
the essential principles of our government, and conse¬ 
quently those which ought to shape its administration. I 
will compress them within the narrowest compass they 
will bear, stating the general principles, but not all its 
limitations. Equal and exact justice to all men, of what¬ 
ever state or persuasion, religious or political; peace, com¬ 
merce, and honest friendship with all nations, entangling 
alliances with none; the support of the state govern¬ 
ments in all their rights, as the most competent adminis¬ 
trations forourdomestic concerns, and the surest bulwarks 
against anti-republican tendencies; the preservation of 
the general government in its whole constitutional vigor, 
as the sheet anchor of our peace at home and safety 
abroad; a jealous care of the right of election by the 
people; a mild and safe corrective of abuses, which are 
'opped by the sword of revolution, where peaceable re¬ 
medies are unprovided; absolute acquiescence in the de- 
5 


§0 


THE TRUE REPUBLICAN. 


cisions of the majority, the vital principle of lepublics, 
from which is no appeal but to force, the vital principle 
and immediate parent of despotism; a well-disciplined 
militia, our best reliance in peace, ,and for the first mo¬ 
ments of war, till regulars may relieve them; the suprem¬ 
acy of the civil over the military authority; economy in 
the public expense, that labor may be lightly burdened; 
the honest payment of our debts, and sacred preservation 
of the public faith; encouragement of agriculture, and of 
commerce as its handmaid ; the diffusion of information, 
and arraignment of all abuses at the bar of public reason; 
freedom of religion; freedom of the press ; and freedom 
of person, under the protection of the habeas corpus ; 
and trial by juries impartially selected. These principles 
form the bright constellation which has gone before us>, 
and guided our steps through an age of revolution and 
reformation. The wisdom of our sages and blood of our 
heroes have been devoted to their attainment: they should 
be the creed of our political faith; the text of civil in¬ 
struction; the touchstone by which to try the services of 
those we trust; and should we wander from them in mo¬ 
ments of error or alarm, let us hasten to retrace our steps, 
and to regain the road which alone leads to peace, liber¬ 
ty, and safety. 

I repair, then, fellow-citizens, to the post you have 
assigned me. With experience enough in subordinate of¬ 
fices to have seen the difficulties of this, the greatest of 
all, 1 have learnt to expect that it will rarely fall to the 
lot of imperfect man to retire from this station with the 
reputation and the favor which bring him into it. With¬ 
out pretensions to that, high confidence you reposed in 
our first and great revolutionary character, whose pre¬ 
eminent services had entitled him to the first place in his 
country’s love, and destined for him the fairest page in 
the vobme of faithful history, I ask so much confidence 
only as may give firmness and effect to the legal admin¬ 
istration of your affairs. I shall often go wrong through 
defect of judgment. When right, I shall often be thought 
wrong by those whose positions willnoteommand a view 
of the whole ground. I ask your indulgence for my own 
errors, which will never be intentional; and your sup 


Ji fferson’s inaugural address. 


51 


port against the errors of others, who may condem what 
they w ould not, if seen in all its parts. The approbation 
implied by your suffrage is a consolation to me for the 
past; and my future solicitude will be, to retain the good 
opinion of those who have bestowed it in advance, to 
conciliate that of others by doing them all the good in my 
power, and to be instrumental to the happiness and free¬ 
dom of all. 

Relying, then, on the patronage of your good will, I 
advance with obedience to the work, ready to retire from 
it whenever you become sensible how much better choices 
it is in your power to make. And-may that infinite Pow¬ 
er which rules the destinies of the universe, lead our 
councils to what is best, and give them a favorable issue 
for your peace and prosperity. 


December 8, 1801. 

Sir: The circumstances under which we find our¬ 
selves at this place rendering inconvenient the mode 
heretofore practised, of making by personal address the 
first communication between the legislative and executive 
branches, 1 have adopted that by message, as used on all 
subsequent occasions through the session. In doing this, 
I have had principal regard to the inconvenience of the 
legislature, to the economy of their time, to their relief 
from the embarrassment of immediate answers on subjects 
not yet fully before them, and to the benefits thence result¬ 
ing to the public affairs. Trusting that a procedure found¬ 
ed in these motives will meet their approbation, I beg 
leave, through you, sir, to communicate the enclosed 
message, with the documents accompanying it, to the 
honorable the Senate, and pray you to accept, for your¬ 
self and them, the homage of my high respect and con- 
#ideration 

THOMAS JEFFERSON. 

The Hon. the 

President of the Senate. 



52 


THE TRUE REPUBLICAN 


JEFFERSON’S FIRST ANNUAL MESSAGE 

. December 8, 1801. 

Fellow-citizens of the Senate , 

and House of Representatives: 

It is a circumstance of sincere gratification to me that, 
on meeting the great council of our nation, I am able to 
announce to them, on grounds of reasonable certainty, 
that the wars and troubles which have for so many years 
afflicted our sister-nations, have at length come to an end, 
and that tfie communications of peace and commerce are 
once more opening among them. Whilst we devoutly re¬ 
turn thanks to the beneficent Being who has been pleased 
to breathe into them the spirit of conciliation and forgive¬ 
ness, we are bound, with peculiar gratitude, to be thank¬ 
ful to him that our own peace has been preserved through 
so perilous a season, and ourselves permitted quietly to 
cultivate the earth, and to practise and improve those arts 
which tend to increase our comforts. The assurances in¬ 
deed, of friendly disposition, received from all the powers 
with whom we have principal relations, had inspired a 
confidence that our peace with them would not have been 
disturbed. But a cessation of irregularities which had af¬ 
fected the commerce of neutral nations, and of the irrita¬ 
tions and injuries produced by them, cannot but add to 
this confidence, and strengthens, at the same time, the 
hope that wrongs committed on unoffending friends, un¬ 
der a pressure of circumstances, will now be reviewed 
with candor, and will be considered as founding just 
claims of retribution for the past, and new assurances for 
the future. 

Among our Indian neighbors, also, a spirit of peace and 
friendship generally prevails: and I am happy to inform 
you that the continued efforts to introduce among them 
the implements and the practice of husbandry and of the 
household arts, have not been without success ; that they 
are becoming more and more sensible of the superiority 
af this dependence for clothing and subsistence, over the 
precarious resources of hunting and fishing; and already 


Jefferson’s first annual message. 


53 


we are able to announce that, insteal of that constant di 
niinution of their numbers, produced by their wars and 
heir wants, some of them begin to experience an increase 
of population. 

To this state of general peace with which we have 
been blessed, one only exception exists. Tripoli, the least 
considerable of the Barbary states, had come forward with 
demands unfounded either in right or in compact, and had 
permitted itself to denounce war, on our failure to comply 
before a given day. The style of the demand admitted 
but one answer. I sent a small squadron of frigates into 
the Mediterranean, with assurances to that power of our 
sincere desire to remain in peace; but with orders to 
protect our commerce against the threatened attack. The 
measure was seasonable and salutary. The Bey had ah 
ready declared war. His cruisers were out. Two had 
arrived at Gibralter. Our commerce in the Mediterranean 
was blockaded, and that of the Atlantic in peril. The 
arrival of our squadron dispelled the danger. One of the 
Tripolitan cruisers, having fallen in with and engaged 
the small schooner Enterprise, commanded by Lieutenant 
Sterret, which had gone as a tender to our larger vessels, 
was captured after a heavy slaughter of her men, without 
the loss of a single one on our part. The bravery exhi¬ 
bited by our citizens on that element will, I trust, be a 
testimony to the world that it is not the want of that vir¬ 
tue which makes us seek their peace, but a conscientious 
desire to direct the energies of our nation to the multipli¬ 
cation of the human race, and not to its destruction. Un¬ 
authorized by the constitution, without the sanction of 
Congress, to go beyond the line of defence, the vessel, 
being disabled from committing further hostilities, was 
liberated with its crew. The legislature will doubtless 
consider whether, by authorizing measures of offence 
also, they will place our fojee on an equal footing with 
that of its adversaries. I communicate all material infor¬ 
mation on this subject, that in the exercise of this impor¬ 
tant function confided by the constitution to the legisla¬ 
ture exclusively, their judgment may form itself on a 
knowledge and consideration of every circumstance of 
weight. 


5* 


54 


Till] TRUE REPUBLICAN. 


I wish I could say that our situation with all the other 
Barbary slates was entirely satisfactory. Discovering 
that some delays had taken place in the performance of 
certain articles stipulated by us, I thought it my duty, by 
immediate measures for fulfilling them, to vindicate to 
ourselves the right of considering the effect of departure 
from stipulation on their side. From the papers which 
will be laid before you, you will be enabled to judge whe¬ 
ther our treaties are regarded by them as fixing at all the 
measure of theirdemands, or as guarding from the exer¬ 
cise of force our vessels within their power; and to con¬ 
sider how far it will be safe and expedient to leave our af¬ 
fairs with them in their present posture. 

I lay before you the result of the census lately taken 
of our inhabitants, to a conformity with which we arc 
now to reduce the ensuing ratio of representation and 
taxation. You will perceive that the increast of num¬ 
bers, during the last ten years, proceeding in geometrical 
ratio, promises a duplication in little more than twenty- 
two years. We contemplate this rapid growth, and the 
prospect it holds up to us, not with a view to the injuries 
it may enable us to do to others in some future day, but 
to the settlement of the extensive country still remaining 
vacant within our limits, to the multiplication of men sus¬ 
ceptible of happiness, educated in the love of order, ha¬ 
bituated to self-government, and valuing its blessings 
above all price. 

Other circumstances, combined with the increase of 
numbers, have produced an augmentation of revenue 
arising from consumption, in a ratio far beyond that of 
population alone; and, though the changes of foreign 
relations now taking place, so desirable for the world, 
may for a season affect this branch of revenue, yet, weigh¬ 
ing all probabilities of expense, as well as of income, 
there is reasonable ground of confidence that we may 
now safely dispense with all the internal taxes—compre¬ 
hending excise, stamps, auctions, licenses, carriages, and 
refined sugars; to which the postage on newspapers may 
be added, to facilitate the progress of information; and 
that the remaining sources of revenue will be sufficient 
,0 provide for the support of government, to pay the intc- 


Jefferson’s first annual message. 


55 


rest of the public debts, and to discharge the principals 
within shorter periods than the laws of the general expec¬ 
tation had contemplated. War, indeed, and untoward 
events, may change this prospect of things, and call for 
expenses which the imposts could not meet. But sound 
principles will not justify our taxing the industry of our 
fellow-citizens to accumulate treasure for wars to happen 
we know not when, and which might not perhaps happen, 
but from the temptations offered by that treasure. 

These views, however, of reducing our burdens, are 
formed on the expectation that a sensible, and, at the 
same time, a salutary reduction may take place in our ha 
bitual expenditures. For this purpose, those of the civil 
government, the army, and navy, will need revisal. 
When we consider that this government is charged with 
the external and mutual relations only of these states; 
that the states themselves have principal care of our per¬ 
sons, our property, and our reputation, constituting the 
great field of human concerns, we may well doubt whe¬ 
ther our organization is not too complicated, too expen¬ 
sive; whether offices and officers have not been multiplied 
unnecessarily, and sometimes injuriously to the service 
they were meant to promote. I will cause to be laid 
before you, an essay towards a statement of those who, 
under public employment of various kinds, draw money 
from the treasury, or from our citizens. Time has not 
permitted a perfect enumeration, the ramifications of of¬ 
fice being too multiplied and remote to be completely 
traced in a first trial. Among those who are dependent 
on executive discretion, I have begun the reduction of 
what was deemed necessary. The expenses of diplomatic 
agency have been considerably diminished. The inspec¬ 
tors of internal revenue, who were found to obstruct the 
accountability of the institution, have been discontinued. 
Several agencies, created by executive authority, on sala¬ 
ries fixed by that also, have been suppressed, and should 
suggest the expediency of regulating that power by law, 
so as to subject its exercises to legislative inspection and 
sanction Other reformations of the same kind will be 
pursued with that caution which is requisite, in removing 
useless things, not to injure what is retained. But the 


56 


THE TRUE REPUBLICAN. 


great mass of public offices is established by law, arid 
therefore by law alone can be abolished. Should the le¬ 
gislature think it expedient to pass this roll in review, and 
try all its parts by the test of public utility, they may be 
assured of every aid and light which executive informa¬ 
tion can yield. Considering the general tendency to mul¬ 
tiply offices and dependencies, and to increase expense to 
the ultimate term of burden which the citizen can bear, it 
behoves us to avail ourselves of every occasion which pre¬ 
sents itself for taking off the surcharge ; that it never may 
be seen here that, after leaving to labor the smallest por¬ 
tion of its earnings on which it can subsist, government 
shall itself consume the whole residue of what it was in¬ 
stituted to guard. 

In our care, too, of the public contributions intrusted 
to our direction, it would be prudent to multiply barriers 
against their dissipation, by appropriating specific sums to 
every specific purpose susceptible of definition ; by dis¬ 
allowing all applications of money varying from the ap¬ 
propriation in object, or transcending it in amount; by re¬ 
ducing the undefined field of contingencies, and thereby 
circumscribing discretionary powers over money; and 
by bringing back to a single department all accountabili¬ 
ties for money, where the examinations may be prompt, 
efficacious, and uniform. 

An account of the receipts and expenditures of the last 
year, as prepared by the Secretary of the Treasury, will, 
as usual, be laid before you. The success which has at¬ 
tended the late sales of the public lands shows that, with 
attention, they may be made an important source of re¬ 
ceipt. Among the payments, those made in discharge of 
the principal and interest of the national debt, will show 
that the public faith has been exactly maintained. To 
these will be added an estimate of appropriations neces¬ 
sary for the ensuing year. This last will, of course, be 
effected by such modifications of the system of expense 
as you shall think proper to adopt. 

A statement has been formed by the Secretary of War, 
on mature consideration, of all the posts and stations 
where garrisons will be expedient, and of the number of 
men requisite for each garrison. The whole amount is 


Jefferson’s tirst annual message. 


57 


considerably short of the present military establishment. 
For the surplus no particular use can be pointed out. 
For defence against invasion their number is as nothing; 
nor is it conceived needful or safe that a standing army 
should be kept up in time of peace for that purpose 
Uncertain as we must ever be of the particular point in 
our circumference where an enemy may choose to invade 
□s, the only force which can be ready at every point, and 
competent to oppose them, is the body of neighboring 
citizens as formed into a militia. On these, collected 
from the parts most convenient, in numbers proportioned 
to the invading foe, it is best to rely, not only to meet the 
first attack, but, if it threatens to be permanent, to main¬ 
tain the defence until regulars may be engaged to relieve 
diem. These considerations render it important that we 
should, at every session, continue to amend the defects 
which from time-to time show themselves in the laws for 
regulating the militia, until they are sufficiently perfect; 
nor should we now or at any time separate until we can 
say we have done every thing for the militia which we 
could do were an enemy at our door. 

The provision of military stores on hand will be laid 
before you, that you may judge of the additions still re¬ 
quisite. 

With respect to the extent to which our naval prepara¬ 
tions should be carried, some difference of opinion may 
be expected to appear; but just attention to the circum¬ 
stances of every part of the Union will doubtless recon¬ 
cile all. A small force will probably continue to be want¬ 
ed for actual service in the Mediterranean. Whatever an¬ 
nual sum beyond that you may think proper to appro 
priate for naval preparations, would perhaps be better 
employed in providing those articles which may be kept 
without waste or consumption, and be in readiness when 
any exigency calls them into use. Progress has been 
made, as will appear by papers now communicated, in 
providing materials for seventy-four gun ships as directed 
by law. 

How far the authority given by the legislature for pro¬ 
curing and establishing sites for naval purposes has been 
perfectly understood and pursued in the execution, admits 


THE TRUE REPUBLICAN. 


58 

of some doubt. A statement of the expenses already in¬ 
curred on that subject is now laid before you. I have, in 
certain cases, suspended or slackened these expenditures, 
that the legislature might determine whether so many 
yards are neeessary as have been contemplated. The 
works at this plaee are among those permitted to go on; 
and live of the seven frigates directed to be laid up, have 
been brought and laid up here, where, besides the safety 
of their position, they are under the eye of the executive 
administration, as well as of its agents, and where your¬ 
selves also will be guided by your own view in the legis¬ 
lative provisions respecting them which- may from time to 
time be necessary. They are preserved in such condi¬ 
tion, as well the vessels as whatever belongs to them, as 
to be at all times ready for sea on a short warning. Two 
others are yet to be laid up so soon as they shall have re¬ 
ceived the repairs requisite to put them also into sound 
condition. As a superintending officer will be necessary 
at each yard, his duties and emoluments, hitherto fixed by 
the executive, will be a more proper subject for legisla¬ 
tion. A communication will also be made of our pro¬ 
gress in the execution of the law respecting the vessels 
directed to be sold. 

The fortifications of our harbors, more or less ad¬ 
vanced, present considerations of great difficulty. While 
some of them are on a scale sufficiently proportioned to 
the advantages of their position, to the efficacy of their 
protection, and the importance of the points within it, 
others are so extensive, will cost so much in their first 
erection, so much in their maintenance, and require such 
a force to garrison them, as to make it questionable what 
is best now to be done. A statement of those commenced 
or projected, of the expenses already incurred, and esti¬ 
mates of their future cost, so far as c£n be foreseen, shall 
be laid before you, that you may be enabled to judge 
whether any attention is necessary in the laws respecting 
this subject. 

Agriculture, manufactures, commerce, and navigation, 
the four pillars of our prosperity, are then most thriving 
when left most free to individual enterprise. Protection 
from casual embarrassments, however, may sometimes be 


Jefferson’s first annual message. 59 

seasonably interposed. If, in the course of your observa¬ 
tions or inquiries, they should appear to need any aid 
within the limits of our constitutional powers, your sense 
of their importance is a sufficient assurance they will oc¬ 
cupy your attention. We cannot, indeed, but all feel an 
anxious solicitude for the difficulties under which our car¬ 
rying trade will soon be placed. How far it can be re¬ 
lieved, otherwise than by time, is a subject of important 
consideration. 

The judiciary system of the United States, and espe¬ 
cially that portion of it recently erected, will of course 
present itself to the contemplation of Congress ; and that 
they may be able to judge of the proportion which the 
institution bears to the business it has to perform, I have 
caused to be procured from the several states, and now 
lay before Congress, an exact statement of all the causes 
decided since the first establishment of the courts, and of 
those which were depending when additional courts and 
judges were brought in to their aid. 

And while on the judiciary organization, it will be 
worthy your consideration, whether the protection of the 
inestimable institution of juries has been extended to all 
the cases involving the security of our persons and pro¬ 
perty. Their impartial selection also being essential to 
their value, we ought further to consider whether that is 
sufficiently secured in those states where they are named 
by a marshal depending on executive will, or designated 
by the court, or by officers dependent on them. 

I cannot omit recommending a revisal of the laws on 
the subject ok naturalization. Considering the ordinary 
chances of human life, a denial of citizenship under a 
residence of fourteen years, is a denial to a great propor¬ 
tion of those who ask it; and controls a policy pursued, 
from their first settlement, by many of these states, and 
still believed of consequence to their prosperity. And 
shall we refuse the unhappy fugitives from distress that 
hospitality which the savages of the wilderness extended 
to our fathers arriving in this land ? Shall oppressed hu¬ 
manity find no asylum on this globe? The constitution, 
indeed, has wisely provided that, for admission to certain 
offices of important trust, a residence shall be required 


60 


THE TRUE REPUBLICAN. 


sufficient to develope character and design. But might 
not the general character and capabilities of a citizen be 
safely communicated to every one manifesting a bona fide 
purpose of embarking his life and fortunes permanently 
with us ? with restrictions, perhaps, to guard against frau¬ 
dulent usurpation of our flag; an abuse which brings so 
much embarrassment and loss on the genuine citizen, and 
so much danger to the nation of being involved in war, 
that no endeavor should be spared to detect andsuppres 
it. 

These, fellow-citizens, are the matters respecting the 
state of the nation which I have thought of importance 
to be submitted to your consideration at this time. Some 
others of less moment, or not yet ready for communica¬ 
tion, will be the subject of separate messages. I am hap¬ 
py in this opportunity of committing the arduous affairs 
of our government to the collected wisdom of the Union. 
Nothing shall be wanting on my part to inform, as far as 
in my power, the legislative judgment, nor to carry that 
judgment into faithful execution. The prudence and 
temperance of your discussions will promote, within your 
own walls, that conciliation which so much befriends 
rational conclusion ; and by its example will encourage 
among our constituents that progress of opinion which is 
tending to unite them in object and will. That all should 
be satisfied with any one order of things is not to be ex¬ 
pected ; but I indulge the pleasing persuasion that the 
great body of our citizens will cordially concur in honest 
and disinterested efforts, which have for their object to 
preserve the general and state governments in their con¬ 
stitutional form and equilibrium; to maintain peace 
abroad, and order and obedience to the laws at home ; to 
establish principles and practices of administration favor¬ 
able to the security of liberty and property, and to reduce 
expenses to what is necessary for the useful purposes of 
government 




























Madison’s inaugural address. 


31 


MaDISON’S inaugural address, 

March 4, 1S09. 

• 

Unwilling to depart from examples of the most revere 
authority, I avail myself of the occasion now presented, 
to express the profound impression made on me by the 
call of my country to the station, to the duties of which I 
am about to pledge myself by-the most solemn of sanc¬ 
tions. So distinguished a mark of confidence, proceed¬ 
ing from the deliberate and tranquil suffrage of a free and 
virtuous nation, yvould, under any circumstances, have 
commanded my gratitude and devotion, as well as filled 
me with an awful sense of the trust to be assumed. Un¬ 
der the various circumstances which give peculiar solem¬ 
nity to the existing period, I feel that both the honor and 
the responsibility allotted to me are inexpressibly en¬ 
hanced. 

The present situation of the world is indeed without a 
parallel; and that of our own country full of difficulties. 
The pressure of these too is the more severely felt, be¬ 
cause they have fallen upon us at a moment when the na¬ 
tional prosperity being at a height not before attained, 
the contrast resulting from the change has been rendered 
the more striking. Under the benign influence of our 
republican institutions, and the maintenance of peace 
with all nations, whilst so many of them were engaged in 
bloody and wasteful wars, the fiuits of a just policy were 
enjoyed in an unrivalled growth of our faculties and re¬ 
sources. Proofs of this were seen in the improvements 
of agriculture ; in the successful enterprises of commerce ; 
in the progress of manufactures and useful arts ; in the 
increase of the public revenue, and the use made of it in 
reducing the public debt; and in the valuable works and 
establishments every where multiplying over the face of 
our land. 

It is a precious reflection that the transition from this 
prosperous condition of our country, to the scene which 
has for some time been distressing us, is not chargeable 
on any unwarrantable views, nor, as I trust, on any invoi- 

6 




62 


THE TRUE REPUBLICAN. 


untary errors ill the public councils. Indulging no pas 
sions which tresspass on the rights or repose of other na 
tions, it has been the true glory of the United States to 
cultivate peace by observing justice ; and to entitle them¬ 
selves to the respect of the nations at war, by fulfilling 
their neutral obligations with the most scrupulous impar¬ 
tiality. If there be candor in the world, the truth of 
these assertions will notbe questioned; posterity, at least, 
will do justice to them. 

This unexceptional:^ course could not avail against the 
injustice and violence of the belligerent powers. In their 
rage against each other, or impelled by more direct 
motives, principles of retaliation have- been introduced, 
equally contrary to universal reason and acknowledged 
law. How long their arbitrary edicts will be continued, 
in spite of the demonstrations that not even a pretext for 
them has been given by the United States, and of the fair 
and liberal attempt to induce a revocation of them, can¬ 
not be anticipated. Assuring myself that, under every 
vicissitude, the determined spirit and united councils of 
the nation will be safeguards to its honor and its essential 
interests, I repair to the post assigned me with no other 
discouragement than what springs from my own inade¬ 
quacy to its high duties. If I do not sink under the 
weight of this deep conviction, it is because I find some 
support in a consciousness of the purposes, and a confi¬ 
dence in the principles, which I bring with me into this 
arduous service. 

To cherish peace and friendly intercourse with all na¬ 
tions having corresponding dispositions ; to maintain sin¬ 
cere neutrality towards belligerent nations; to prefer in 
all cases amicable discussion and reasonable accommoda¬ 
tion of differences to a decision of them by an appeal to 
arms ; to exclude foreign intrigues and foreign partiali¬ 
ties, so degrading to all countries, and so baneful to free 
ones; to foster a spirit of independence, too just to in¬ 
vade the rights of others, too proud to surrender our own, 
too liberal to indulge unworthy prejudices ourselves, and 
too elevated not to look down upon them in others; to 
hold the union of the states as the basis of their peace 
and happiness; to support the constitution, which is the 


Madison’s inaugural address. 


63 


cement of the Union, ns well in its limitations as m its 
authorities ; to respect the rights and authorities reserved 
to the states and to the people, as equally incorporated 
with, and essential to the success of, the general system; 
to avoid the slightest interference with the rights of con¬ 
science or the functions of religion, so wisely exempted 
from civil jurisdiction; to preserve in their full energy, 
the other salutary provisions in behalf of private and per¬ 
sonal rights, and of the freedom of the press; to observe 
economy in public expenditures; to liberate the public 
resources by an honorable discharge of the public debts, 
to keep within the. requisite limits a standing military 
force, always remembering that an armed and trained 
militia is the firmest bulwark of republics—that without 
standing armies their liberty can never be in danger, nor 
with large ones safe; to promote, by authorized means, 
improvements friendly to agriculture, to manufactures, 
and to external as well as internal commerce; to favor, in 
like manner, the advancement of science and the diffu¬ 
sion of information as the best aliment to true liberty; to 
carry on the benevolent plans which have been so merito¬ 
riously applied to the conversion of our aboriginal neigh¬ 
bors from the degradation and wretchedness of savage 
life, to a participation of the improvements of which the 
human mind and manners are susceptible in a civilized 
state: as far as sentiments and intentions such as these 
can aid the fulfilment of my duty, they will be a resource 
which cannot fail me. 

Jt is my good fortune, moreover, to have the path in 
which I am to tread, lighted by examples of illustrious 
services, successfully rendered in the most trying difficul¬ 
ties, by those who have marched before me. Of those 
of my immediate predecessor it might least become me 
here to speak. I may, however, be pardoned for not sup¬ 
pressing the sympathy with which my heart is full, in the 
rich reward he enjoys in the benedictions of a beloved 
country, gratefully bestowed for exalted talents, zealously 
devoted, through a long career, to the advancement of its 
highest interest and happiness. 

But the source to which I look for the aids which alone 
can supply my deficiencies, is in the well-tried intelligence 


64 


THE TRUE REPUBLICAN. 


and virtue ot my fellow-citizens, and in the counsels m 
those representing them in the best other departments 
associated in the care of the national interests. In these 
my confidence will under every difficulty be placed, next 
to that in which we have all been encouraged to feel m 
the guardianship and guidance of that Almighty Being 
whose power regulates the destiny of nations, whose bless 
ings have been so conspicuously dispensed to this rising 
republic, and to whom we are bound to address our de 
vout gratitude for the past, as well as our fervent suppli 
cations and best hopes for the future. 


MADISON’S FIRST ANNUAL MESSAGE, 
November 29 , 1809 . 

Fellow-citizens of the Senate , 

and House of Representatives: 

At the period of our last meeting, I had the satisfac¬ 
tion of communicating an adjustment with one of the 
principal belligerent nations, highly important in itself, 
and still more so, as presaging a more extended accom¬ 
modation. It is with deep concern I am now to inform 
you, that the favorable prospect has been overclouded by 
a refusal of the British government to abide by the act of 
its minister plenipotentiary, and by its ensuing policy to¬ 
wards the United States, as seen through the communica- 
tions of the minister sent to replace him. 

Whatever pleas may be urged for a disavowal of en¬ 
gagements formed by diplomatic functionaries, in cases 
where, by the terms of the engagements, a mutual ratifi¬ 
cation is reserved; or where notice at the time may have 
been given of a departure from instructions; or in extra¬ 
ordinary cases, essentially violating the principles of equi¬ 
ty: a disavowal could not have been apprehended in a 
case where no such notice or violation existed; where 
no such ratification was reserved ; and, more especially, 



Madison’s inaugural address. 


G5 


where, as is now in proof, an engagement, to be executed 
without any such ratification, was contemplated by the 
instructions given, and where it had, with good faith, been 
carried into immediate execution on the part of the Uni¬ 
ted States. 

These considerations not having restrained the British 
government from disavowing the arrangement, by virtue 
of which its orders in council were to be revoked, and 
the event authorizing the renewal of commercial inter¬ 
course having thus not taken place, it necessarily became 
a question of equal urgency and importance, whether the 
act prohibiting that intercourse was not to be considered 
as remaining in legal force. This question being, after 
due deliberation, determined in the affirmative, a procla¬ 
mation to that effect was issued. It could not but hap¬ 
pen, however, that a return to this state of things, from 
that which had followed an execution of the arrangement 
by the United States, would involve difficulties. With a 
view to diminish these as much as possible, the instruc¬ 
tions fro n the Secretary of the Treasury, now laid before 
you, were transmitted to the collectors of the several 
ports. If, in permitting British vessels to depart without 
giving bonds not to proceed to their own ports, it should 
appear that the tenor of legal authority has not been 
strictly pursued, it is to be ascribed to the anxious desire 
which was felt that no individuals should be injured by so 
unforeseen an occurrence: and I rely on the regard of 
Congress for the equitable itnerests of our own citizens, 
to adopt whatever further provisions may be found requi¬ 
site for a general remission of penalties involuntarily in¬ 
curred. 

The recall of the disavowed minister having been fol¬ 
lowed by the appointment of a successor, hopes were 
indulged that the new mission would contribute to allevi 

O 

ate the disappointment which had been produced, and to 
remove the causes which had so long embarrassed the 
good understanding of the two nations. It could not be 
doubted, that it would at least be charged with concilia¬ 
tory explanations of the steps which had been taken, and 
with proposals to be substituted for the rejected arrange 
ment. Reasonable and universal as this expectation was, 
0 * 


60 


THE TRUE REPUBLICAN. 


it also has not been fulfilled. From the first official dis¬ 
closures of the new minister, it was found that he had re¬ 
ceived no authority to enter into explanations relative to 
either branch of the arrangement disavowed, nor any au¬ 
thority to substitute proposals, as to that branch which 
concerned the British orders in council. And finally, 
that his proposals with respect to the other branch, the 
attack on the frigate Chesapeake, were founded on a pre¬ 
sumption, repeatedly declared to be inadmissible by the 
United States, that the first step towards adjustment was 
due from them; the proposals, at the same time,omitting 
even a reference to the officer answerable for the murder¬ 
ous aggression, and asserting a claim not less contrary to 
the British laws and British practice, than to the princi 
pies and obligations of the United States. 

The correspondence between the Department of State 
and this minister will show how unessentially the features 
presented in its commencement have been varied in its 
progress. It will show, also, that, forgetting the respect 
due to all governments, he did not refrain from imputa¬ 
tions on this, which required that no further communica¬ 
tions should be received from him. The necessity of this 
step will be made known to his Britannic majesty, through 
the minister plenipotentiary of the United States in Lon¬ 
don. And it would indicate a want of the confidence 
due to a government which so well understands and ex¬ 
acts what becomes foreign ministers near it, not to infer 
that the misconduct of its own representative will be 
viewed in the same light in which it has been regarded 
here. The British government will learn, at the same 
time, that a ready attention will be given to communica 
tions, through any channel which may be substituted 
It will be happy, if the change in this respect should be 
accompanied by ? favorable revision of the unfriendly 
policy which has oeen so long pursued towards the Uni¬ 
ted States. 

With France, the other belligerent, whose trespasses 
on our commercial rights have long been the subject of 
our just remonstrances, the posture of our relations does 
not correspond with the measures taken on the part of 
the United States to effect a favorable change. The re 


Madison’s first annual message. 


67 


sirit of the several communications made to her govern¬ 
ment, in pursuance of the authorities vested by Congress 
in the executive, is contained in the correspondence of 
our minister at Paris now laid before you. 

By some of the other belligerents, although professing 
just and amicable dispositions, injuries materially affect¬ 
ing our commerce have not been duly controlled or re¬ 
pressed. In these cases, the interpositions deemed proper 
on our part have not been omitted. But it well deserves 
the consideration of the legislature, how far both the safe¬ 
ty and honor of the American flag may be consulted, by 
adequate provision against that collusive prostitution of 
it by individuals, unworthy of the A nerican name* which 
has so much favored the real or pretended suspicions, un¬ 
der which the honest commerce of their fellow-citizens 
has suffered. 

In relation to the powers on the coast of Barbary, no 
thing has occurred which is not of a nature rather to in¬ 
spire confidence than distrust, as to the continuance of 
the existing amity. With our Indian neighbors, the just 
and benevolent system continued towards them, has alsc 
preserved peace, and is more and more advancing habits 
favorable to their civilization and happiness. 

From a statement which will be made by the Secretary 
of War, it will be seen that the fortifications on our mari¬ 
time frontier are in many of the ports completed, affording 
the defence which was contemplated; and that a further 
time will be required to render complete the works in the 
harbor of New York, and in some other places. By the 
enlargement of the works, and theemploymentof a great¬ 
er number of hands at the public armories, the supply of 
small arms, of an improving quality, appears to be annu¬ 
ally increasing at a rate that, with those made on private 
contract, may be expected to go far towards providing for 
the public exigency. 

The act of Congress providing for the equipment of 
our vessels of war having been fully carried into execu¬ 
tion, I refer to the statement of the Secretary of the 
Navy for the information which may be proper on that 
subject. To that statement is added a view of the trans¬ 
fers of appropriations, authorized by the act of the scs- 


68 


THE TRUE REPUBLICAN. 


sion preceding the last, and of the grounds on which the 
transfers were made. 

Whatever may be the course of your deliberations on 
the subject of our military establishments, I should fail 
in my duty in not recommending to your serious atten¬ 
tion the importance of giving to our militia, the great 
bulwark of our security and resource of our power, an 
organization the best adapted to eventual situations, for 
which the United States ought to be prepared. 

The sums which had been previously accumulated in 
the treasury, together with the receipts during the year 
ending on the 30th of Septembar last, (and amounting to 
more than nine millions of dollars,) have enabled us to 
fulfil all our engagements, and to defray the current ex¬ 
penses of government, without recurring to any loan. But 
the insecurity of our commerce, and the consequent dimi¬ 
nution of the public revenue, will probably produce a de¬ 
ficiency in the receipts of the ensuing year, for which, and 
for other details, I refer to the statements which will be 
transmitted from the treasury. 

In the state which has been presented of our affairs 
with the great parties to a disastrous and protracted war, 
carried on in a mode equally injurious and unjust to the 
United States as a neutral nation, the wisdom of the na¬ 
tional legislature will be again summoned to the impor¬ 
tant decision on the alternatives before them. That these 
will be met in a spirit worthy the councils of a nation 
conscious both of its rectitude and of its rights, and 
careful as well of its honor, as of its peace, I have an en¬ 
tire confidence. And that the result will be stamped by a 
unanimity becoming the occasion, and be supported by 
every portion of our citizens, with a patriotism enlight¬ 
ened and invigorated by experience, ought as little to be 
doubted. 

In the midst of the wrongs and vexations experienced 
from external causes, there is much room for congratula 
tion on the prosperity and happiness flowing from our sit¬ 
uation at home. The blessing of health lias never been 
more universal. The fruits of the seasons, though in 
particular articles apd districts short of their usual redun¬ 
dancy, are more than sufficient for our wants and our com- 






































• * 

























































. 





































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A 


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moxroe’s inaugural address. 60 

torts. The face of our country every where presents the 
evidence of laudable enterprise, of extensive capital, and 
of durable improvement. In the cultivation of the mate¬ 
rials, and the extension of useful manufactures, more es¬ 
pecially in the general application to household fabrics, we 
behold a rapid diminution of our dependence on foreign 
supplies. Nor is it unworthy of reflection, that this re 
volution in our pursuits and habits is in no slight degree 
a consequence of those impolitic and arbitrary edicts, by 
which the contending nations, in endeavoring each of 
them to obstruct our trade with the other, have so far 
abridged our means of procuring the productions and 
manufactures, of which our own are now taking the place. 

Recollecting always, that, for every advantage which 
may contribute to distinguish our lot from that to which 
others are doomed by the unhappy spirit of the times, we 
are indebted to that Divine Providence whose goodness 
has been so remarkably extended to this rising nation, it 
becomes us to cherish a devout gratitude, and to implore 
from the same Omnipotent Source a blessing on the con¬ 
sultations and measures about to be undertaken for the 
welfare of our beloved country. 


MONROE’S INAUGURAL ADDRESS, 
March 5, 1817. 

I should be destitute of feeling if I was not deeply af¬ 
fected by the strong proof which my fellow-citizens have 
given me of their confidence, in calling me to the high 
office, whose functions I am about to assume. As the 
expression of their good opinion of my conduct in the 
public service, I derive from it a gratification, which those 
who are conscious of having done all that they could do 
to merit it, can alone feel. My sensibility is increased by 
a just estimate of the importance of the trust, and of the 
nature and extent of its duties; with the proper discharge 
of which the highest interests of a great and free people 



70 


THE TRUE REPUBLICAN 


are intimately connected. Conscious of my own deficiency, 
I cannot enter on these duties without great anxiety for the 
result. From a just responsibility I will never shrink; cal¬ 
culating with confidence, that in my best efforts to promote 
the public welfare, my motives will always be duly appre¬ 
ciated, and my conduct be viewed with that candor and 
indulgence which I have experienced in other stations. 

In commencing the duties of the chief executive office, 
it has been the practice of the distinguished men who 
have gone before me, to explain the principles which would 
govern them in their respective administrations. In fol¬ 
lowing their venerated example, my attention is naturally 
drawn to the great causes which have contributed, in a prin¬ 
cipal degree, to produce the present happy condition of 
the United States. They will best explain the nature of 
our duties, and shed much light on the policy which ought 
to be pursued in future. 

From the commencement of our revolution to the pre¬ 
sent day, almost forty years have elapsed, and from the 
establishment of this constitution, twenty-eight. Through 
this whole term, the government has been what may em¬ 
phatically be called, self-government; and what has been 
the effect? To whatever object we turn our attention, 
whether it relates to our foreign or domestic concerns, we 
find abundant cause to felicitate ourselves in the excellence 
of our institutions. During a period fraught with difficul¬ 
ties, and marked by very extraordinary events, the United 
States have flourished beyond example. Their citizens, 
individually, have been happy, and the nation prosperous. 

Under this constitution our commerce has been wisely 
regulated with foreign nations, and between the states; 
new states have been admitted into our Union ; our terri¬ 
tory has been enlarged by fair and honorable treaty, and 
with great advantage to the original states ; the states re¬ 
spectively protected by the national government, under a 
mild paternal system, against foreign dangers, and enjoy¬ 
ing within their separate spheres, by a wise partition of 
power, a just proportion of the sovereignty, have improv¬ 
ed their police, extended their settlements, and attained a 
strength and maturity which are the best proofs of whole¬ 
some laws well administered. A.nd if we look to the 


MONROE S INAUGURAL ADDRESS. 


71 


condition of individuals, what a proud spectacle does it 
exhibit ? On whom has oppression fallen in any quarter 
of our Union? Who has been deprived of any right oi 
person or property ? Who restrained from offering his 
vows, in the mode which lie prefers, to the Divine Author 
of his being? It is well known that all these blessings 
have been enjoyed in their fullest extent; and I add, with 
peculiar satisfaction, that there has been no example of a 
capital punishment being kiflicted oil any one for the crime 
of high treason. 

Some who might admit the competency of our govern 
ment to these beneficent duties, might doubt it in trials 
which put to the test its strength and efficiency as a mem¬ 
ber of the great community of nations. Here, too, ex¬ 
perience has afforded us the most satisfactory proof in its 
favor. Just as this constitution was put into action, sev¬ 
eral of the principal states of Europe had become much 
agitated, and some of them seriously convulsed. Destruc¬ 
tive wars ensued, which have of late only been termina¬ 
ted. In the course of these conflicts, the United States 
received great injury from several of the parties. It was 
their interest to stand aloof from the contest, to demand 
justice from the party committing the injury, and to cul¬ 
tivate by a fair and honorable conduct, the friendship of 
all. War became at length inevitable, and the result has 
shown that our government is equal to that, the greatest 
of trials under the most unfavorable circumstances. Of 
the virtue of the people, and of the heroic explo its of the 
army, the navy, and the militia, I need not speak. 

Such, then, is the happy,government under which we 
live; a government adequate to every purpose for which 
the social compact is formed ; a government elective in 
all its branches, under which every citizen may, by his 
merit, obtain the highest trust recognized by the con¬ 
stitution ; which contains within it no cause of discord ; 
none to put at variance one portion of the community 
with another ; a government which protects every citizen 
in the full enjoyment of his rights, and is able to protect 
the nation against injustice from foreign powers. 

Other considerations of the highest importance admo¬ 
nish us to cherish our union, and to cling to the govern* 


72 


THE TRUE REPUBLICAN. 


ment which supports it. Fortunate as we are in our po 
litical institutions, we have not been less so in other cir 
cumstances on which our prosperity and happiness essen 
tially depend. Situated within the temperate zone, and 
oxtending through many degrees of latitude along the 
Atlantic, the United States enjoy all the varieties of cli¬ 
mate, and every production incident to that portion of the 
globe. Penetrating, internally, to the great lakes, and be¬ 
yond the resources of the great rivers which communicate 
through our whole interior, no country was ever happier 
with respect to its domain. Blessed too with a fertile soil, 
our produce has always been very abundant, leaving even 
in years the least favorable, a surplus for the wants of 
our fellow-men in other countries. Such is our peculiar 
felicity, that there is not a part of our Union that is not 
particularly interested in preserving it. The great agri¬ 
cultural interest of our nation prospers under its protec¬ 
tion. Local interests are not less fostered by it. Our 
fellow-citizens of the north, engaged in navigation, find 
great encouragement in being made the favored carriers 
of the vast productions of the other portions of the Uni¬ 
ted States, while the inhabitants of these are amply re¬ 
compensed, in their turn, by the nursery for seamen and 
naval force, thus formed and reared up for the support of 
our common rights. Our manufacturers find a generous 
encouragement by the policy which patronizes domestic 
industry; and the surplus of our produce, a steady and pro¬ 
fitable market by local wants in less favored parts at home. 

Such, then, being the highly favored condition of our 
country, it is the interest of every citizen to maintain it. 
AVhat are the dangers which menace us? If any exist, 
they ought to be ascertained and guarded against. 

In explaining my sentiments on this subject, it may 
be asked, what raised us to the present happy state ? 
How did we accomplish the revolution ? How remedy 
the defects of the first instrument of our Union, by 
infusing into the national government sufficient power 
for national purposes, without impairing the just rights 
of the states, or affecting those of individuals ? How 
sustain and pass with glory through the late war? The 
government has been in the hands of the people. To the 


monroe’s inaugural address. 


73 


people, therefore, and to the faithful and able depositaries 
of their trust, is the credit due. Had the people of the 
United States been educated in different principles, had 
they been less intelligent, less independent, or less virtu¬ 
ous, can it be believed thafrwe should have maintained the 
same steady and consistent career, or been blessed with the 
same success ? While then the constituent body retains 
its present sound and healthful state, every thing will be 
safe. They will choose competent and faithful represen¬ 
tatives for every department. It is only when the people 
become ignorant and corrupt, when they degenerate into 
a populace, that they are incapable of exercising the sove¬ 
reignty. Usurpation is then an easy attainment, and an 
usurper soon found. The people themselves become the 
willing instruments of their own debasement and ruin. 
Let us then look to the great cause, and endeavor to pre¬ 
serve it in full force. Let us by all wise and constitu¬ 
tional measures, promote intelligence among the people, 
as the best means of preserving gut liberties. 

Dangers from abroad are not less deserving of atten¬ 
tion. Experiencing the fortune of other nations, the 
United States may again be involved in war, and it may 
in that event be the object of the adverse party to over¬ 
set our government, to break our union, and demolish us 
as a nation. Our distance from Europe, and the just, 
moderate, and pacific policy of our government may form 
some security against these dangers, but they ought to be 
anticipated and guarded against. Many of our citizens 
are engaged in commerce and navigation, and all of them 
are in a certain degree dependent on their prosperous 
state. Many are engaged in the fisheries. These inte¬ 
rests are exposed to invasion in the wars between other 
powers, and we should disregard the faithful admonitions 
of experience if we did not expect it. We must support 
our rights, or lose our character, and with it, perhaps, our 
liberties. A people who fail to do it, can scarcely be 
said to hold a place among independent nations. National 
honsr is national property of the highest value. The 
sentiment in the mind of every citizen, is national strength 
It ought therefore to be cherished. 

To secure us against these dangers, our coast and 
7 


THE TRUE REPUBLICAN. 


7 4 

inland frontiers should be fortified, our army and navy 
regulated upon just principles as to the force of each, be 
kept in perfect order, and our militia be placed on the 
best practicable footing. To put our extensive coast in 
such a state of defence as to secure our cities and inte¬ 
rior from invasion, will be attended with expense, but the 
work when finished will be permanent, and it is fair to 
presume that a single campaign of invasion, by a naval 
force, superior to our own, aided by a few thousand land 
troops, would expose us to a greater expense, without 
taking into the estimate the loss of property and distress 
of our citizens, than would be sufficient for this great 
w r ork. Our land and naval forces should be moderate, 
but adequate to the necessary purposes. The former to 
garrison and preserve our fortifications, and to meet the 
first invasions of a foreign foe; and while constituting 
the elements of a greater force, to preserve the science, 
as well as all the necessary implements of war, in a state 
to be brought into activity in the event of war. The lat¬ 
ter, retained within the limits proper in state of peace, 
might aid in maintaining the neutrality of the United 
States with dignity, in the wars of other powers, and in 
saving the property of their citizens from spoliation. Ia 
time of war, with the enlargement of which the great na« 
val resources of the country render it susceptible, and which 
should be duly fostered in time of peace, it would contri¬ 
bute essentially, both as an auxiliary of defence and as a 
powerful engine of annoyance, to diminish the calamities 
of war, and to bring the war to a speedy and honorable 
termination. 

But it ought always to be held prominently in view, 
that the safety of these states, and of every thing dear to 
a free people, must depend in an eminent degree on the 
militia. Invasions may be made too formidable to be re¬ 
sisted by any land and naval force, which it would com¬ 
port, either with the principles of our government, or the 
circumstances of the United States to maintain. In such 
cases, recourse must be had to the great body of the peo¬ 
ple, and in a manner to produce the best effect. It is of 
the highest importance, therefore, that they be so orga- 
nized and trained as to be prepared for any emergency 


mokroe’s inaugural address. 75 

The arrangement should be such as to put at the com¬ 
mand of the government the ardent patriotism and youth¬ 
ful vigor of the country. If formed on equal and just 
principles, it. cannot be oppressive. It is the crisis which 
makes the pressure, and not the laws which provide a re¬ 
medy for it. This arrangement should be formed, too, 
in time of peace, to be the better prepared for war. With 
such an organization of such a people, the United States 
have nothing to dread from foreign invasion. At its ap- 
proach, an overwhelming force of gallant men might al¬ 
ways be put in motion. 

Other interests of high importance will claim attention; 
among which, the improvement of our country by roads 
and canals, proceeding always with a constitutional sanc¬ 
tion, holds a distinguished place. By thus facilitating 
the intercourse between the states, we shall add much to 
the convenience and comfort of our fellow-citizens, much 
to the ornament of the country, and what is of greater 
importance, we shall shorten distances, and by making 
each part more accessible to and dependent on the other, 
we shall bind the union more closely together. Nature 
has done so much for us by intersecting the country with 
so many great rivers, bays, and lakes, approaching from 
distant points so near to each other, that the inducement 
to complete the work seems to be peculiarly strong. A 
more interesting spectacle was perhaps never seen than is 
exhibited within the limits of the United States—a ter¬ 
ritory so vast, and advantageously situated, containing ob¬ 
jects so grand, so useful, so happily connected in all their 
parts. 

Our manufactures will, likewise, require the systematic 
and fostering care of the government. Possessing, as we 
do, all the raw materials, the fruit of our own soil and 
industry, we ought not to depend in the degree we have 
done, on supplies from other countries. While we are 
thus dependent, the sudden event of war, unsought and 
unexpected, cannot fail to plunge us into the most serious 
difficulties. It is important, too, that the capital which 
nourishes our manufactures should be domestic, as its in¬ 
fluence in that case, instead of exhausting, as it may do 
in foreign hands, would be felt advantageously on agri- 


THE TRUE REPUBLICAN. 


rc> 

culture, and every other branch of industry. Equally im 
portant is it to provide at home a market for o lr raw ma¬ 
terials, as by extending the competition, it will enhance 
the price, and protect the cultivator against the casualties 
incident to foreign markets. 

With the Indian tribes it isour duty to cultivate friendly 
relations, and to act with kindness and liberality in all our 
transactions. Equally proper is it to persevere in our ef¬ 
forts to extend to them the advantages of civilization. 

The great amount of our revenue, and the flourishing 
state of the treasury are a full proof of the competency of 
the national resources for any emergency, as they are of 
the willingness of our fellow-citizens to bear the burdens 
which the public necessities require. The vast amount 
of vacant lands, the value of which daily augments, 
forms an additional resource of great extent and duration. 
These resources, besides accomplishing every other ne¬ 
cessary purpose, puts it completely in the power of the 
United States to discharge the national debt at an early 
period. Peace is the best time for improvement and pre¬ 
parations of every kind: it is in peace that our commerce 
nourishes most, that taxes are most easily paid, and that 
the revenue is most productive. 

The executive is charged, officially, in the departments 
under it, with the disbursement of the public money, and 
is responsible for the faithful application of it to the pur¬ 
poses for which it is raised. The legislature is the watch¬ 
ful guardian over the public purse. It is its duty to see 
that the disbursement has been honestly made. To meet 
the requisite responsibility, every facility should be afford¬ 
ed to the executive, to enable it to bring the public agents 
intrusted with the public money, strictly and promptly to 
account. Nothing should be presumed against them: 
but if, with the requisite facilities, the public money is 
suffered to lie long and uselessly in their hands, they will 
not be the only defaulters, nor will the demoralizing ef¬ 
fect be confined to them. It will evince a relaxation and 
want of tone in the administration, which will be felt by 
the whole community. I shall do all that I can to secure 
economy and fidelity in this important branch of the 
administration and I doubt not that the legislature will 


monroe’s inaugural address. 


77 


perform its duty with equal zeal. A thorough examina- 
■ion should be regularly made, and I will promote it. 

It is particularly gratifying to me to enter on the dis¬ 
charge of these duties at a time when the United States 
are blessed with peace. It. is a state most consistent with 
their prosperity and happiness. It will be my sincere 
desire to preserve it, so far as depends on the executive, 
on just principle with all nations, claiming nothing unrea¬ 
sonable of any, and rendering to each what is its due. 

Equally gratifying is it to witness the increased harmo¬ 
ny of opinion which pervades our Union. Discord does 
not belong to our system. Union is recommended, as 
well by the free and benign principles of our government, 
extending its blessings to every individual, as by the other 
eminent advantages attending it. The American people 
have encountered together great dangers, and sustained 
severe trials with success. They constitute one great 
family with a common interest. Experience has enlight¬ 
ened us on some questions of essential importance to the 
country. The progress has been slow, dictated by a just 
reflection, and a faithful regard to every interest connect¬ 
ed with it. To promote this harmony, in accordance 
with the principles of our republican government, and in 
a manner to give them the most complete effect, and to 
advance, in all other respects, the best interests of our 
country, will be the object of my constant and zealous ex¬ 
ertions. 

Never did a government commence under auspices so 
favorable, nor ever was success so complete. If we 
look to the history of other nations, ancient or modern, 
we find no example of a growth so rapid, so gigantic; of 
a people so prosperous and happy. In contemplating 
what we have still to perform, the heart of every citizen 
must expand with joy, when he reflects how near our go¬ 
vernment has approached to perfection ; that in respect 
to it we have no essential improvement to make; that 
the great object is to preserve it in the essential principles 
and features which characterize it, and that that is to be 
done by preserving the virtue and enlightening the minds 
of the people; and, as a security against foreign dangers, 
to adopt such arrangements as are indispensable to th? 


78 


THE TRUE REPUBLICAN. 


support of our independence, our rights and liberties. If 
we persevere in the career in which we have advanced so 
far, and in the path already traced, we cannot fail, under 
the favor of a gracious Providence, to attain the high des¬ 
tiny which seems to await us. 

In the administration of the illustrious men who have 
preceded me in this high station, with some of whom I 
have been connected by the closest ties from early life, 
examples are presented which will always be found highly 
instructive and useful to their successors. From these I 
shall endeavor to derive all the advantages which they 
may afford. Of my immediate predecessor, under whom 
so important a portion of this great and successful expe¬ 
riment has been made, 1 shall be pardoned for expressing 
my earnest wishes that he may long enjoy in his retire¬ 
ment the affections of a grateful country, the best reward 
of exalted talents and the most faithful and meritorious 
services. Relying on the aid to be derived from the other 
departments of government, I enter on the trust to which 
I have been called by the suffrages of my fellow-citizens, 
with my fervent prayers to the Almighty that he will be 
graciously pleased to continue to us that protection which 
he has already so conspicuously displayed in our favor. 


MONROE’S FIRST ANNUAL MESSAGE, 

December 3, 1817. 

Fellow-Citizens of the Senate 

and House of Representatives: 

At no period of our political existence had we so much 
cause to felicitate ourselves at the prosperous and happy 
condition of our country. The abundant fruits of the 
earth have filled it with plenty. An extensive and profit¬ 
able commerce has greatly augmented our revenue. The 
public credit has attained an extraordinary elevation. Our 
preparations for defence, in case of future wars, from 
which, by the experience of all nations, we ought not ex* 
oect to be exempted, are advancing, under a well-digested 



moxroe’s first annual message. 


79 


system, with all the despatch which so important a work 
will admit. Our free government, founded on the inte¬ 
rests and affections of the people, has gained, and is daily 
gaining strength. 1 Local jealousies are rapidly yielding 
to more generous, enlarged, and enlightened views of na¬ 
tional policy. For advantages so numerous and highly 
important, it is our duty to unite in grateful acknowledg¬ 
ments to that Omnipotent Being, from whom they are 
derived, and in unceasing prayer that he will endow us 
with virtue and strength to maintain and hand them down, 
in their utmost purity, to our latest posterity. 

I have the satisfaction to inform you, that an arrange¬ 
ment, which had been commenced by my predecessor, with 
the British government, for the reduction of the naval force, 
by Great Britain and the United States, on the lakes, has 
been concluded; by which it is provided, that neither 
party shall keep in service on lake Champlain more than 
one vessel; on lake Ontario, more than one; on lake 
Erie and the upper lakes, more than two; to be armed, 
each with one cannon only, and that all the other armed 
vessels of both parties, of which an exact list is inter¬ 
changed, shall be dismantled. It is also agreed, that the 
force retained shall be restricted in its duty to the inter¬ 
nal purposes of each party; and that the arrangement 
shall remain in force until six months shall have expired 
after notice having been given by one of the parties to 
the other of its desire that it should terminate. By this 
arrangement, useless expense on both sides, and what is 
of greater importance, the danger of collision between 
armed vessels in those inland waters, which was great, 
is prevented. 

I have the satisfaction also to state, that the commis¬ 
sioners under the fourth article of the treaty of Ghent, to 
whom it was referred to decide to which party the several 
islands in the bay of Passamaquoddy belonged, under the 
treaty of one thousand seven hundred and eighty-three, 
have agreed in a report, by which all the islands in the pos¬ 
session of each party before the late war have been decreed 
to it. The commissioners acting under the other articles 
of the treaty of Ghent, for the settlement of the bounda¬ 
ries, have also been engaged in the discharge of then 


80 


THE TRUE REPUBLICAN. 


respective duties, but have not yet completed them. The 
dillerence which arose between the two governments 
under the treaty, respecting the right of the United State*, 
to take and cure fish on the coast, of the British pro* 
vinces, north of our limits, which had been secured by the 
treaty of one thousand seven hundred and eighty-three, 
is still in negotiation. The proposition made by this go¬ 
vernment, to extend to the colonies of Great Britain the 
principle of the convention of London, by which the com¬ 
merce between the ports of the United States and British 
ports of Europe had been placed on a footing of equali¬ 
ty, has been declined by the British government. This 
subject having been thus amicably discussed between the 
two governments, and it appearing that the British go¬ 
vernment is unwilling to depart from its present regula¬ 
tions, it remains for Congress to decide whether they will 
make any other regulations in consequence thereof, for 
the protection and improvement of our navigation. 

The negotiation with Spain, for spoliations on our com¬ 
merce, and the settlement of boundaries, remains essen¬ 
tially in the state it held in the communications that were 
made to Congress by my predecessor. It has been evi¬ 
dently the policy of the Spanish government to keep the 
negotiation suspended, and in this the United States have 
acquiesced, from an amicable disposition towards Spain, 
and in the expectation that her government would, from 
a sense of justice, finally accede to such an arrangement 
as would be equal between the parties. A disposition 
has been lately shown by the Spanish government to move 
in the negotiation, which has been met by this govern¬ 
ment, and should the conciliatory and friendly policy 
which has invariably guided our councils, be reciproca 
ted, a just and satisfactory arrangement may be expected. 
It is proper, however, to remark that no proposition has 
vet been made from which such a result can be presumed. 

It was anticipated, at an early stage, that the contest 
between Spain and the colonies would become highly in¬ 
teresting to the United States. It was natural that our 
citizens should sympathize in events which ariected their 
neighbors. It seemed probable, also, that the prosecution 
of the conflict, along our coast, and in contiguous coun- 


monroe’s first annual message. 


81 


tries, would occasionally interrupt our commerce, and 
otherwise affect the persons and property of our citizens, 
These anticipations have been realized. Such injuries 
nave been received from persons acting- under the autho¬ 
rity of both the parties, and for which redress has, in 
some instances been withheld. Through every stage of 
the conflict, the United States have maintained an impar¬ 
tial neutrality, giving aid to neither of the parties in men, 
money, ships, or munitions of war. They have regarded 
the contest not in the light of an ordinary insurrection 
or rebellion, but as a civil war between parties nearly 
equal, having, as to neutral powers, equal rights. Oui 
ports have been open to both, and every article the fruit 
of our soil, or of the industry of our citizens, which ei¬ 
ther was permitted to take, has been equally free to the 
other. Should the colonies establish their independence, it 
is proper now to state that this government neither seeks 
nor would accept from them any advantage in commerce 
or otherwise, which will not be equally open to all other 
nations. The colonies will in that event become inde¬ 
pendent states, free from any obligation to, or connexion 
with us, which it may not then be their interest to form 
on a basis of fair reciprocity. 

In the summer of the present year, an expedition was 
set on foot against East Florida, by persons claiming to 
act under authority of some of the colonies, who took 
possession of Amelia Island, at the mouth of St. Mary’s 
river, near the boundary of the state of Georgia. As the 
province lies eastward of the Mississippi, and is bounded 
by the United States and the ocean on every side, and 
has been a subject of negotiation with the government 
of Spain, as an indemnity for losses by spoliation, or in 
exchange of territory of equal value, westward of the 
Mississippi, a fact well known to the world, it excited 
surprise that any countenance should be given to this 
measure by any of the colonies. As it would be difficult 
to reconcile it with the friendly relations existing between 
the United States and the colonies, a doubt was enter¬ 
tained whether it had been authorized by them, or any 
of them. This doubt has gained strength, by the cir¬ 
cumstances which have unfolded themselves in the proso- 


82 


THE TRUE REPUBLICAN. 


cution of the enterprise, which have marked it as a mere 
private unauthorized adventure. Projected and com¬ 
menced with an incompetent force, reliance seems to 
have been placed on what might be drawn, in defiance of 
our laws, from within our limits; and of late, as their 
resources have failed, it has assumed a more marked cha¬ 
racter of unfriendliness to us, the island being made a 
channel for the illicit introduction of slaves from Africa 
into the United States, an asylum for fugitive slaves from 
the neighboring states, and a port for smuggling of every 
kind. 

A similar establishment was made, at an earlier period, 
by persons of the same description in the Gulf of Mexi¬ 
co, at a place called Galveston, within the limits of the 
United States, as we contend, under the cession of Loui¬ 
siana. This enterprise has been marked in a more sig¬ 
nal manner by all the objectionable circumstances which 
characterized the other, and more particularly by the 
equipment of privateers which have annoyed our com¬ 
merce, and by smuggling. These establishments, if ever 
sanctioned by any authority whatever, which is not be¬ 
lieved, have abused their trust and forfeited all claim to con¬ 
sideration. A just regard for the rights and interests of 
the United States required that they should be suppressed, 
and orders have accordingly been issued to that effect. 
The imperious considerations which produced this mea 
sure will be explained to the parties whom it may in any 
degree concern. 

To obtain correct information on every subject in which 
the United States are interested ; to inspire just sentiments 
in all persons in authority, on either side, of our friendly 
disposition, so far as it may comport with an impartial 
neutrality, and to secure proper respect to our commerce 
in every port, and from every flag, it has been thought 
proper to send a ship of war, with three distinguished 
citizens along the southern coast, with instructions to 
touch at such ports as they may find most expedient for 
these purposes. With the existing authorities, with those 
m the possession of, and exercising the sovereignty, must 
the communication be held; from them alone can redress 
for past injuries, committed by persons acting under them 


monroe’s first annual message. 


83 


be obtained; by them alone can the commission of the 
like in future be prevented. 

Our relations with the other powers of Europe have 
experienced no essential change since the last session. 
In our intercourse with each, due attention continues to 
be paid to the protection of our commerce, and to every 
other object in which the United States are interested. 
A strong hope is entertained, that by adhering to the 
maxims of a just, candid, and friendly policy, we may 
long preserve amicable relations with all the powers of 
Europe, on conditions advantageous and honorable to our 
country. 

With the Barbary states and the Indian tribes, our pa¬ 
cific relations have been preserved. 

In calling your attention to the internal concerns of 
our country, the view which they exhibit is peculiarly 
gratifying. The payments which have been made into 
the treasury show the very productive state of the public 
revenue. After satisfying the appropriations made by law 
for the support of the civil government and of the mili¬ 
tary and naval establishments, embracing suitable provi¬ 
sion for fortification and for the gradual increase of the 
navy, paying the interest of the public debt, and extin¬ 
guishing more than eighteen millions of the principal, 
within the present year, it is estimated that a balance of 
more than six millions of dollars will remain in the trea¬ 
sury on the first day of January, applicable to the current 
service of the ensuing year. 

The payments into the treasury during the year one 
thousand eight hundred and seventeen, on account of im¬ 
ports and tonnage, resulting principally from duties which 
have accrued in the present year, may be fairly estimated 
at twenty millions of dollars ; internal revenues, at two 
millions five hundred thousand ; public lands, at one mil¬ 
lion five hundred thousand; bank dividends and inciden¬ 
tal receipts, at five hundred thousand ; making, in the 
whole, twenty-four millions and five hundred thousand 
dollars. 

The annual permanent expenditure for the support of 
the civil government, and of the army and navy, as now 
established by law, amounts to eleven millions eight hir 


84 


TIIE TRUE REPUBLICAN. 


dred thousand dollars ; and for the sinking* fund, to ten 
millions ; making, in the whole, twenty-one millions eight 
hundred thousand dollars; leaving an annual excess of 
revenue, beyond the expenditure, of two millions seven 
hundred thousand dollars, exclusive of the balance esti¬ 
mated to be in the treasury on the 1st day of January 
one thousand eight hundred and eighteen. 

In the present state of the treasury, the whole of the 
Louisiana debt may be redeemed in the year 1819 ; after 
which, if the public debt continues as it now is, above 
par, there will be annually about five millions of the sink¬ 
ing fund unexpended, until the year 1825, when the loan 
of 1812, and the stock created by funding treasury notes 
will be redeemable. 

It is also estimated that the Mississippi stock will be 
discharged during the year 1819, from the proceeds of 
the public lands assigned to that object; after which the 
receipts from those lands will annually add to the public 
revenue the sum of one million five hundred thousand 
dollars, making the permanent annual revenue amount to 
twenty-six millions of dollars, and leaving an annual ex¬ 
cess of revenue after the year 1819, beyond the perma¬ 
nent authorized expenditure, of more than four millions 
of dollars. 

By the last returns to the department of war, the mili¬ 
tia force of the several states may be estimated at eight 
hundred thousand men, infantry, artillery, and cavalry. 
Great part of this force is armed, and measures are taken 
to arm the whole. An improvement in the organization 
and discipline of the militia, is one of the great objects 
which claim the unremitted attention of Congress. 

The regular force amounts nearly to the number re¬ 
quired by law, and is stationed along the Atlantic and in« 
land frontiers. 

Of the naval force, it has been necessary to maintain 
strong squadrons in the Mediterranean and in the Gulf of 
Mexico. 

From several of the Indian tribes, inhabiting the coun¬ 
try bordering on Lake Erie, purchases have been made 
of lands, on conditions very favorable to the United States 
and, it is presumed, not less so to the tribes themse’ves 


monroe’s first annual message. 


85 


By these purchases the Indian title, with moderate re 
servations, has been extinguished to the whole of the land 
within the state of Ohio, and to a great part of that in 
Michigan territory, and of the state of Indiana. From the 
Cherokee tribe a tract has been purchased in the state of 
Georgia, and an arrangement made, by which, in exchange 
for lands beyond the Mississippi, a great part, if not the 
whole of the land belonging to the tribe, eastward of that 
river, in the states of North Carolina, Georgia, and Ten¬ 
nessee, and in the Alabama territory, will soon be ac¬ 
quired. By these acquisitions, and others that may rea¬ 
sonably be expected soon to follow, we shall be enabled 
to extend our settlements from the inhabited parts of the 
state of Ohio, along Lake Erie, into the Michigan terri¬ 
tory, and to connect our settlements by degrees, through 
the state of Indiana and the Illinois territory, to that of 
Missouri. A similar and equally advantageous effect will 
soon be produced to the south, through the whole extent 
of the states and territory which border on the waters 
emptying into the Mississippi and the Mobile. In this 
progress, which the rights of nature demand, and nothing 
can prevent, marking a growth rapid and gigantic, it is 
our duty to make new efforts for the preservation, im¬ 
provement, and civilization of the native inhabitants. 
The hunter state can exist only in the vast uncultivated 
desert. It yields to the more dense and compact form 
and greater force of civilized population ; and of right it 
ought to yield, for the earth was given to mankind to sup¬ 
port the greatest number of which it is capable, and no 
tribe or people have a right to withhold from the wants 
of others more than is necessary for their own support 
and comfort. It is gratifying to know that the reserva¬ 
tion of land made by the treaties with the tribes on Lake 
Erie, were made with a view to individual ownership 
among them, and to the cultivation of the soil by all, and 
that an annual stipend has been pledged to supply their 
other wants. It will merit the consideration of Congress, 
whether other provisions, not stipulated by the treaty, 
ought to be made for these tribes, and for the advance¬ 
ment of the liberal and humane policy of the United 
States towards all the tribes within our limits, and more 
8 


SG 


THE TRUE REPUBLICAN. 


particularly for their improvement in the arts of civilized 
life. 

Among the advantages incident to these purchases, and 
tx those which have preceded the security which may 
thereby be afforded to our inland frontier is peculiarly 
important. With a strong barrier, consisting of our own 
people thus pla: ted on the lakes, the Mississippi and the 
Mobile, with the protection to be derived from the regu¬ 
lar force, Indian hostilities, if they do not altogether 
cease, will henceforth lose their terror. Fortifications in 
those quarters to any extent will not be necessary, and the 
expense attending them may be saved. A people accus¬ 
tomed to the use of fire-arms only, as the Indian tribes 
are, will shun even moderate works which are defended 
by cannon. Great fortifications will therefore be requi¬ 
site only in future along the coast, and at some points in 
the interior connected with it. On these will the safety 
of towns and the commerce of our rivers, from the bay 
of Fundy to the Mississippi, depend. On these, there¬ 
fore, should the utmost attention, skill and labor be be¬ 
stowed. 

A considerable and rapid augmentation in the value 
of all the public lands, proceeding from these and other 
obvious causes, may henceforward be expected. The dif¬ 
ficulties attending early emigrations will be dissipated even 
in the most remote parts. Several new states have been 
admitted into our Union to the west and south, and terri¬ 
torial governments, happily organized, established over 
every other portion in which there is vacant land for sale. 
In terminating Indian hostilities, as must soon be done, 
in a formidable shape at least, the emigration, which has 
heretofore been great, will probably increase, and the de¬ 
mand for land, and the augmentation in its value, be in 
like proportion. The great increase of our population 
throughout the Union will alone produce an important 
effect, and in no quarter will it be so sensibly felt as in 
those in contemplation. The public lands are a public 
stock, whi^h ought to be disposed of to the best advan¬ 
tage for the nation. The nation should, therefore, derive 
the profit proceeding from the continual rise in their 
value. Every encouragement should be given to the emi* 


monroe’s first annual message. 87 

grants, consistent with a fair competition between them * 
but that competition should operate in the first sale to the 
advantage of the nation rather than of individuals. Great 
capitalists will derive all the benefit incident to their su 
perior wealth, under any mode of sale which may be 
adopted. But if, looking forward to the rise in the value 
of the public lands, they should have the opportunity of 
amassing, at a low price, vast bodies in their hands, the 
profit will accrue to them, and not to the public. They 
would also have the power, in that degree, to control the 
emigration and settlement in such a manner as their opi¬ 
nion of their respective interests might dictate. I submit 
the subject to the consideration of Congress, that such 
further provision may be made of the sale of the publie 
lands, with a view to the public interest, should any be 
deemed expedient, as in their judgment may be best adapt¬ 
ed to the object. 

When we consider the vast extent of territory within 
the United Slates, the great amount and value of its pro¬ 
ductions, the connection of its parts, and other circum¬ 
stances on which their prosperity and happiness depend, 
we cannot fail to entertain a high sense of the advantage 
to be derived from the facility which may be afforded in 
the intercourse between them, by means of good roads 
and canals. Never did a country of such vast extent 
offer equal inducements to improvements of this kind, nor 
ever were consequences of such magnitude involved in 
them. As this subject was acted on by Congress at the 
last session, and there may be a disposition to revive it at 
present, I have brought it into view for the purpose of 
communicating my sentiments on a very important cir¬ 
cumstance connected with it, with that freedom and can¬ 
dor which a regard for the public interest and a proper 
respect for Congress require. A difference of opinion 
has existed from the first formation of our constitution to 
the present time, among our most enlightened and virtu¬ 
ous citizens, respecting the right of Congress to establish 
such a system of improvement. Taking into view the 
trust with which I am now honored, it woul^be improper 
after what has passed, that this discussion should be re¬ 
vived with an uncertainty of my opinion respecting the 



88 


THE TRUE REPUBLICAN, 


right. Disregarding early impressions, I have bestowef 
on the subject all the deliberation which its great impor 
tance, and a just sense of my duty, required, and the re¬ 
sult is a settled conviction in my mind that Congress do 
not possess the light. It is not contained in any of the 
specified powers granted to Congress, nor can I consider 
it incidental to, or a necessary mean, viewed on the most 
liberal scale, for carrying into effect any of the powers 
which are specifically granted. In communicating this 
result, I cannot resist the obligation which I feel, to sug¬ 
gest to Congress the propriety of recommending to the 
states an adoption of an amendment to the constitution, 
which shall give to Congress the right in question. In 
cases of doubtful construction, especially of such vital 
interest, it comports with the nature and origin of our re¬ 
publican institutions, and will contribute much to pre¬ 
serve them, to apply to our constituents for an explicit 
grant of the power. We may confidently rely, that if it 
appears to their satisfaction that the power is necessary, 
it will be granted. 

In this case, I am happy to observe, that experience 
has afforded the most ample proof of its utility, and that 
the benign spirit of conciliation and harmony, which now 
manifests itself throughout our Union, promises to such 
a recommendation the most prompt and favorable result. 
I think proper to suggest, also, in case this measure is 
adopted, that it be recommended to the statds to include 
in the amendment sought, a right in Congress to insti¬ 
tute, likewise, seminaries of learning, for the all-impor¬ 
tant purpose of diffusing knowledge among our fellow- 
citizens throughout the United States. 

Our manufactures will require the continued atten¬ 
tion of Congress. The capital employed in them is con 
siderable, and the knowledge required in the machinery 
and fabric of all the most useful manufactures is of great 
value. Their preservation, which depends on due en¬ 
couragement, is connected with the high interests of the 
nation. 

Although the progress of the public buildings has been 
as favorable as circumstances have permitted, it is to be 
jegictted the capitol is not yet in a state to receive you 


monroe’s first annual message. 8U 

There is good cause to presume that the two wings, the 
only parts as yet commenced, will be prepared for that 
purpose the next session. The time seems now to have 
arrived, when this subject may be deemed worthy of the 
attention of Congress, on a scale adequate to national 
purposes. The completion of the middle building will 
be necessary to the convenient accommodation of Con¬ 
gress, of the committees, and various officers belonging 
to it. It is evident that the other public buildings are 
altogether insufficient for the accommodation of the seve¬ 
ral executive departments; some of whom are much 
crowded, and even subject to the necessity of obtaining 
it in private buildings, at some distance from the head of 
the department, and with inconvenience to the manage¬ 
ment of the public business. Most nations have taken 
an interest and a pride in the improvement and ornament 
of their metropolis, and none were more conspicuous 
in that respect than the ancient republics. The policy 
which dictated the establishment of a permanent resi 
dence for the national government, and the spirit in which 
it was commenced and has been prosecuted, show that 
such improvement was thought worthy the attention of 
this nation. Its central position, between the northern 
and southern extremes of our Union, and its approach to 
the west, at the head of a great navigable river, which 
interlocks with the western waters, prove the wisdom of 
the councils which established it. 

Nothing appears to be more reasonable and proper, 
than that convenient accommodation should be provided, 
on a well-digested plan, for the heads of the several de¬ 
partments, and for the attorney-general; and it is believed 
that the public ground in the city, applied to these 
objects, will be found amply sufficient. I submit this 
subject to the consideration of Congress, that such pro¬ 
vision may be made in it, aS to them may seem proper. 

In contemplating the happy situation of the United 
States, our attention is drawn, with peculiar interest, to 
the surviving officers and soldiers of our revolutionary 
army, who so eminently contributed, by their services, to 
lay its foundation. Most of those very meritorious citi¬ 
zens have paid the debt of nature and gone to repose, it 
8 * 



90 


THE TRUE REPUBLICAN. 


is oelieved, that among the survivors there are some riot 
provided for by existing laws, who are reduced to indi¬ 
gence, and even to real distress. These men have a 
claim on the gratitude of their country, and it will do 
honor to their country to provide for them. The lapse 
of a few years more, and the opportunity will be forevei 
lost; indeed, so long already has been the interval, that 
the number to be benefitted by any provision which may 
be made, will not be great. 

It appearing in a satisfactory manner that the revenue 
arising from imposts and tonnage, and from the sale of 
public lands, will be fully adequate to the support of the 
civil government, of the present military and naval esta¬ 
blishments, including the annual augmentation of the lat¬ 
ter to the extent provided for, to the payment of the in¬ 
terests on the public debt, and to the extinguishment of it 
at the times authorized, without the aid of the internal 
taxes, I consider it my duty to recommend to Congress 
their repeal. To impose taxes when the public exigen¬ 
cies require them, is an obligation of the most sacred 
character, especially with a free people. The faithful fulfil¬ 
ment of it is among the highest proofs of their virtue and ca¬ 
pacity for self-government. To dispense with taxes, when 
it may be done with perfect safety, is equally the duty of 
their representatives. In this instance, we have the satis¬ 
faction to know that they are imposed when the demand 
was imperious, and have been sustained with exemplary 
fidelity. I have to add, that however gratifying it may be 
to me, regarding the prosperous and happy condition of 
our country, to recommend the repeal of these texes at 
this time, I shall, nevertheless, be attentive to even s, and 
should any future emergency occur, be not less prompt 
to suggest such measures and burdens as may turn h* 
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J. Q. ADAMS* INAUGURAL ADDRESS. 


9 ) 


J. Q. ADAMS INAUGURAL ADDRESS 
March 4 , 1825 . 

In compliance with a usage coeval with the existence 
of our federal constitution, and sanctioned by the exam¬ 
ple of my predecessors in the career upon which I am 
about to enter, I appear, my fellow-citizens, in your pre¬ 
sence, and in that of Heaven, to bind myself, by the so¬ 
lemnities of a religious obligation, to the faithful perform¬ 
ance of the duties allotted to me, in the station to which 
I have been called. 

In unfolding to my countrymen the principles by which 
I shall be governed in the fulfilment of those duties 
my first resort will be to that constitution, which I shall 
swear, to the best of my ability, to preserve, protect, 
and defend. That revered instrument enumerates the 
powers and prescribes the duties of the executive magis¬ 
trate ; and, in its first words, declares the purposes to 
which these, and the whole action of the government, in¬ 
stituted by it, should be invariably and sacredly devoted— 
to form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the blessings of 
liberty to the people of this Union, in their successive 
generations. Since the adoption of this social compact, 
one of these generations have passed away. It is the work 
of our forefathers. Administered by some of the most 
eminent men who contributed to its formation, through 
a most eventful period in the annals of the world, end 
through all the vicissitudes of peace and war, incidentaj 
to the condition of associated man, it has not disappointee 
the hopes and aspirations of those illustrious benefactors 
of their age and nation. It has promoted the lasting 
welfare of that country, so dear to us all; it has, to an 
extent far beyond the ordinary lot of humanity, secured 
the freedom and happiness of this people We now re¬ 
ceive it as a precious inheritance from those to whom we 
are indebted for its establishment, doubly bound by the 
examples they have left us, and by the blessings which 


92 


THE TRUE REPUBLICAN. 


we have enjoyed, as the fruit of their labors, to transmit 
the s^me, unimpaired, to the succeeding generations. 

In the compass of thirty-six years, since this great na¬ 
tional covenant was instituted, a body of laws enacted 
under its authority, and in conformity with its provisions, 
has unfolded its powers, and carried into practical opera¬ 
tion its effective energies. Subordinate departments have 
distributed the executive functions in their various rela¬ 
tions tc foreign affairs, to the revenue and expenditures, 
and to the military force of the Union by land and sea. 
A co-ordinate department of the judiciary has expounded 
the constitution and the laws; settling, in harmonious co¬ 
incidence with the legislative will, numerous weighty 
questions of construction which the imperfection of hu¬ 
man language had rendered unavoidable. The year of 
jubilee, since the first formation of our Union has just 
elapsed ; that of the declaration of independence is at hand. 
The consummation of both was effected by this constitu¬ 
tion. Since that period, a population of four millions has 
multiplied to twelve. A territory, bounded by the Mis¬ 
sissippi, has been extended from sea to sea. New states 
have been admitted to the Union, in numbers nearly equal 
to those of the first confederation. Treaties of peace, 
amity, and commerce, have been concluded with the prin¬ 
cipal dominions of the earth. The people of other na¬ 
tions, inhabitants of regions acquired, not by conquestbut 
by compact, have been united with us in the participation 
of our rights and duties, of our burdens and blessings. 
The forest has fallen by the axe of our woodsman; the 
soil has been made to teem by the tillage of our far¬ 
mers ; our commerce has whitened every ocean. The 
dominion of man over physical nature has been extended 
by the invention of our artists. Liberty and law have 
marched hand in hand. All the purposes of human asso¬ 
ciation have been accomplished as effectively as under 
any other government on the globe ; and at a cost, little 
exceeding, in a whole generation, the expenditures of 
other nations in a single year. 

Such is the unexaggerated picture of our condition 
under a constitution founded upon the republican princi¬ 
ple of equal rights. To admit that this picture has its 


J q. adams’ inaugural address. 


93 


shades, is but to say that it is still the condition of men 
upon earth. From evil, physical, moral and political, it 
is not our claim to be exempt. We have suffered some 
times oy the visitation of Heaven, through disease ; often 
by the wrongs and injustices of other nations, even to the 
extremities of war; and lastly, by dissensions among our¬ 
selves—dissensions, perhaps, inseparable from the enjoy¬ 
ment of freedom, but which have more than once appeared 
to threaten the dissolution of the Union, and, with it the 
overthrow of all the enjoyments of our present lot, and 
all our earthly hopes of the future. The causes of these 
dissensions have been various, founded upon differences 
of speculation in the theory of republican government; 
upon conflicting views of policy, in our relations with 
foreign nations ; upon jealousies of partial and sectional 
interests, aggravated by prejudices and prepossessions, 
which strangers to each other are ever apt to entertain. 

It is a source of gratification and of encouragement to 
me, to observe that the great result of this experiment 
upon the theory of human rights has, at the close of that 
generation by which it was formed, been crowned with 
success equal to the most sanguine expectations of its 
founders. Union, justice, tranquillity, the common de¬ 
fence, the general welfare, and the blessings of liberty, all 
have been promoted by th« government under which we 
have lived. Standing at this point of time ; looking back 
to that generation which has gone by, and forward to that 
which is advancing, we may at once indulge in grateful 
exultation and in cheering hope. From the experience of 
the past, we derive instructive lessons for the future. Of 
the two great political paities which have divided the 
opinions and feelings of our country, the candid and the 
just will now admit that both have contributed splendid 
talents, spotless integrity, ardent patriotism and disinte¬ 
rested sacrifices, to the formation and administration, of this 
government; and that both have required a liberal indul¬ 
gence for a portion of human infirmity and error The 
revolutionary wars of Europe, commencing precisely at 
the moment when the government of the United States 
first went into operation under this constitution, excited 
a collision of sentiments and of sympathies, whieh kin- 


94 


THE TRUE REPUBLICAN. 


diet! all the passions, and embittered the conflict of par* 
ties till the nation was involved in war, and the Union 
was shaken to its centre. This time of trial embraced a 
period of five-and-twenty years, during which the policy 
of the Union, in its relations with Europe, constituted 
the principal basis of our political divisions, and the most 
arduous part of the action of our federal government. 
With the catastrophe in which the wars of the French 
revolution terminated, and our own subsequent peace 
with Great Britain, this baneful weed of party strife was 
uprooted. From that time, no difference of principle, 
connected either with the theory of government, or with 
our intercourse with foreign nations has existed, or been 
called forth in force sufficient to sustain a continued com¬ 
bination of parties, or give more than wholesome anima¬ 
tion to public sentiment or legislative debate. Our po¬ 
litical creed is, without a dissenting voice that can be 
heard, that the will of the people is the source, and the 
happiness of the people the end, of all legitimate govern¬ 
ment upon earth. That the best security for the benefi¬ 
cence, and the best guaranty against the abuse of power, 
consists in the freedom, the purity, and the frequency of 
popular elections. That the general government of the 
Union, and the separate governments of the states, are 
all sovereignties of legitimated powers; fellow-servants 
of the same masters, uncontrolled within their respective 
spheres, uncontrollable by encroachments upon each 
other. That the firmest security of peace is the pre¬ 
paration during peace of the defences of war. That a 
rigorous economy, and accountability of public expendi¬ 
tures, should guard against the aggravation, and alleviate, 
when possible, the burden of taxation. That the military 
should be kept in strict subordination to the civil power. 
That the freedom of the press and of religious opinion 
should be inviolate. That the policy of our country is 
peace, and the ark of our salvation, union, are articles 
of faith upon which we are all agreed. If there have 
been those who doubted whether a confederated represen¬ 
tative democracy were a government competent to the 
wise and orderly management of the common concerns 
of a mighty nation, those doubts have been dispelled. If 


J. Q. ADAMS* INAUGURAL ADDRESS. 


9h 


the:*e 1 ave been projects of partial confederacies to be 
erected upon the ruins of the Union, they have been scat¬ 
tered to the winds. If there have been dangerous at¬ 
tachments to one foreign nation, and antipathies against 
another, they have been extinguished. Ten years of 
peace, at home and abroad, have assuaged the animosities 
of political contention, and blended into harmony the most 
discordant elements of public opinion. There still re¬ 
mains one effort of magnanimity, one sacrifice of prejudice 
and passion, to be made by the individuals throughout the 
nation, who have heretofore followed the standard of po¬ 
litical party. It is that of discarding every remnant of 
rancor against each other; of embracing as countrymen 
and friends ; and of yielding to talents and virtue alone, 
that confidence which, in times of contention for principle, 
was bestowed only upon those who bore the badge of par. 
ty communion. 

The collisions of party spirit, which originate in specu¬ 
lative opinions, or in different views of administrative poli¬ 
cy, are in their nature transitory. Those which are found¬ 
ed on geographical divisions, adverse interests of soil, cli¬ 
mate, and modes of domestic life, are more permanent, 
and therefore perhaps more dangerous. It is this which 
gives inestimable value to the character of our govern¬ 
ment, at once federal and national. It holds out to us a 
perpetual admonition to preserve alike, and with equal 
anxiety, the rights of each individual state in its own 
government, and the rights of the whole nation in that of 
the Union. Whatever is of domestic concealment, un¬ 
connected with the other members of the Union, or with 
foreign lands, belongs exclusively to the administration of 
the state governments. Whatsoever directly involves the 
rights and interests of the federative fraternity, or of for¬ 
eign powers, is of the resort of this general government. 
The duties of both are obvious in the general principle, 
though sometimes perplexed with difficulties in the detail. 
To respect the rights of the state governments is the in¬ 
violable duty of that of the Union; the government of 
every state will feel its own obligation to respect and pre¬ 
serve the rights of the whole. The prejudices every where 
too commonly entertained against distant strangers ara 


06 


THE TRUE REPUBLICAN. 


worn away, am? the jealousies of jarring interests ate al 
laved by the composition anil functions of the great na 
tional councils annually assembled from all quarters of the 
Union at this place. Here the distinguished men from 
every section of our country, while meeting to deliberate 
upon the great interests of those by whom they are depu¬ 
ted, learn to estimate the talents, and do justice to the 
virtues of each other. The harmony of the nation is 
promoted, and the whole Union is knit together by the 
sentiments of mutual respect, the habits of social inter¬ 
course, and the ties of personal friendship, formed be¬ 
tween the representatives of its several parts, in the per¬ 
formance of their service at this metropolis. 

Passing from this general review of the purposes and 
injunctions of the federal constitution, and their results, 
as indicating the first traces of the path of duty in the dis¬ 
charge of my public trust, I turn to the administration of 
my immediate predecessor, as the second. It has passed 
away in a period of profound peace : how much to the 
satisfaction of our country, and to the honor of our coun¬ 
try’s name, is known to you all. The great features of 
its policy, in general concurrence with the will of the le¬ 
gislature, have been—to cherish peace while preparing 
for defensive war; to yield exact justice to other nations, 
and maintain the rights of our own ; to cherish the prin¬ 
ciples of freedom and of equal rights, wherever they were 
proclaimed; to discharge with all possible promptitude the 
national debt; to reduce within the narrowest limits of 
efficiency the military force; to improve the organization 
and discipline of the army; to provide and sustain a 
school of military science; to extend equal protection to 
all the great interests of the nation; to promote the civili¬ 
zation of the Indian tribes; and to proceed in the great 
system of internal improvements within the limits of the 
constitutional power of the Union. Under the pledge of 
these promises, made by that eminent citizen, at the time 
of his first induction to this office, in his career of eight 
years, the internal taxes have been repealed; sixty mil¬ 
lions of the public debt have been discharged; provision 
has been made for the comfort and relief of the aged and 
indigent among the surviving warriors of the revolution; 


J. Q. ADAMS’ INAUGURAL ADDRESS. 


97 


the regular armed force has been reduced, and its consti¬ 
tution revised and perfected; the accountability for the 
expenditures of public money s has been made more effec¬ 
tive; the Floridas have been peaceably acquired, and our 
boundary has been extended to the Pacific ocean; the in¬ 
dependence of the southern nations of this hemisphere has 
been recognized, and recommended by example and by 
counsel to the potentates of Europe . progress has been 
made in tiie defence of the country by fortifications, and 
the increase of the navy—towards the effectual suppres¬ 
sion of the African traffic in slaves—in alluring the abori¬ 
ginal hunters of our land to the cultivation of the soil and 
of the mind—in exploring the interior regions of the 
Union, and in preparing, by scientific researches and sur¬ 
veys, for the further application of our national resources 
to the internal improvement of our country. 

In this brief outline of the promise and performance of 
my immediate predecessor, the line of duty for his suc¬ 
cessor is clearly delineated. To pursue to their consum¬ 
mation those purposes of improvement in our common 
condition, instituted or recommended by him, will embrace 
the whole sphere of my obligations. To the topic of in¬ 
ternal improvement, emphatically urged by him at his in¬ 
auguration, I recur with peculiar satisfaction. It is that 
from which I am convinced that the unborn millions of 
our posterity, who are in future ages to people this conti¬ 
nent, will derive their most fervent gratitude to the found¬ 
ers of the Union ; that in which the beneficent action of 
its government will be most deeply felt and acknowledged. 
The magnificence and splendor of their public works are 
among the imperishable glories of the ancient republics. 
The road* and aqueducts of Rome have been the admira¬ 
tion of ah after-ages, and have survived thousands of years, 
after all her conquests have been swallowed up in despo¬ 
tism, or become the spoil of barbarians. Some diversity 
of opinion has prevailed with regard to the powers of 
Congress for legislation upon objects of this nature. The 
most respectful deference is due to doubts, originating in 
pure patriotism, and sustained by venerated authority. 
But nearly twenty years have passed since the construc¬ 
tion of the first national road was commenced. The au- 
9 


98 


THE TRUE REPUBLICAN 


thority for its construction was then unquestioned. To 
how manv thousands of our countrymen has it proved a 
benefit ? ’ To what single individual has it ever proved an 
injury? Repeated, liberal and candid discussions in the 
legislature have conciliated the sentiments, and approxi¬ 
mated the opinions of enlightened minds, upon the question 
of constitutional power. I cannot but hope that, by the 
same process of friendly, patient, and persevering delibe¬ 
ration, all constitutional objections will ultimately be re¬ 
moved. The extent and limitation of the powers of the 
general government, in relation to this transcendently im¬ 
portant interest, will be settled and acknowledged to the 
common satisfaction of all; and every speculative scruple 
will be solved by a practical public blessing. 

Fellow-citizens, you are acquainted with the peculiar 
circumstances of the recent elections, which have result¬ 
ed in affording me the opportunity of addressing you at 
this time. You have heard the exposition of the princi¬ 
ples which will direct me in the fulfilment of the high 
and solemn trust imposed upon me in this station. Less 
possessed of your confidence in advance than any of my 
predecessors, I am deeply conscious of the prospect that 
I shall stand, more and oftener, in need of your indul¬ 
gence. Intentions, upright and pure ; a heart devoted to 
the welfare of our country, and the unceasing applica¬ 
tion of the faculties allotted to me to her service, are all 
the pledges that I can give to the faithful performance of 
the arduous duties I am to undertake. To the guidance 
of the legislative councils; to the assistance of the exe¬ 
cutive and subordinate departments ; to the friendly co¬ 
operation of the respective state governments; to the can¬ 
did and liberal support of the people, so far as it may be 
deserved by honest industry and zeal, 1 shall look for 
whatever success may attend my public service: and 
knowing that, except the Lord keep the city, the watch¬ 
man waketh but in vain, with fervent supplications for his 
favor, to his overruling providence I commit, with hum¬ 
ble but fearless confidence, my own fate and the future 
destinies of my country. 


J. Q. ADAMS* FIRST ANNUAL MESSAGE. 


99 


J. Q. ADAMS r FIRST ANNUAL MESSA' 
December 6 , 1825 
To the Senate , and 

House of Representatives of the United States: 

In taking a general survey of the concerns of our be¬ 
loved country, with reference to subjects interesting to 
the common welfare, the first sentiment which impresses 
itself upon the mind, is of gratitude to the Omnipotent 
Disposer of all good, for the continuance of the signal 
blessings of his providence, and especially for that health, 
which, to an unusual extent, has prevailed within our bor¬ 
ders ; and for that abundance which, in the vicissitudes 
of the seasons, has been scattered with profusion over our 
land. Nor ought we less to ascribe to Him the glory, 
that we are permitted to enjoy the bounties of his hand in 
peace and tranquillity—in peace with all the other nations 
of the earth, in tranquillity among ourselves. There has, 
indeed, rarely been a period in the history of civilized 
man, in which the general condition of the Christian na¬ 
tions has been marked so extensively by peace and pros¬ 
perity. 

Europe, with a few partial and unhappy exceptions, 
has enjoyed ten years of peace, during which all her go¬ 
vernments, whatever the theory of their constitutions may 
have been, are successively taught to feel that the end of 
their institutions is the happiness of the people, and that 
the exercise of power among men can be justified only by 
the blessings it confers upon those over whom it is 
extended. 

During the same period, our intercourse with all those 
nations has been pacific and friendly; it so continues. 
Since the close of your late session, no material varia¬ 
tion has occurred in our relations with any one of them. 
In the commercial and navigation system of Great Britain, 
important changes of municipal regulations have recently 
been sanctioned by the acts of parliament, the effect of 
which upon the interests of other nations, and particular¬ 
ly upon ours, has not yet been fully developed. In the 


100 


THE TRUE REPUBLICAN. 


recent renewal of the diplomatic missions, on both sides, 
between the two governments, assurances have been 
given and received of the continuance and increase of 
the mutual confidence and cordiality by which the adj-ust 
ment of many points of difference has already been effect¬ 
ed, and which affords the surest pledge for the ultimate 
satisfactory adjustment of those which still remain open, 
or may hereafter arise. 

The policy of the United States, in theiF commercial 
intercourse with other nations, has always been of the 
most liberal character. In the mutual exchange of their 
respective productions, they have abstained altogether 
from prohibitions ; they have interdicted themselves the 
power of laying taxes upon exports, and whenever they 
have favored their own shipping, by special preferences 
or exclusive privileges in their own ports, it has been 
only with a view to countervail similar favors and exclu¬ 
sions granted by the nations with whom we have been 
engaged in traffic, to their own people or shipping, and to 
the disadvantage of ours. Immediately after the close of 
the last war, a proposal was fairly made by the act of Con¬ 
gress of the 3d March, 1815, to all maratime nations, to 
lay aside the system of retaliating restrictions and exclu¬ 
sions, and to place the shipping of both parties to the 
common trade on a footing of equality in respect to the 
duties of tonnage and impost. This offer was partially 
and successively accepted by Great Britain, Sweden, the 
Netherlands, the Hanseatic cities, Prussia, Sardinia, the 
Duke of Oldenburg, and Russia. It was also adopted, 
under certain modifications, in our late commercial con¬ 
vention with France. And by the act of Congress of the 
8th ot January, 1824, it has received a new confirmation 
with all the nations who had acceded to it, and has been 
offered again to all those who are or may hereafter be will¬ 
ing to abide in reciprocity by it. But all these regula¬ 
tions, whether established by treaty or by municipal 
enactments, are still subject to one important restriction. 

The removal of discriminating duties of tonnage and 
impost, is limited to articles of the growth, produce, or 
manufacture of the country to which the vessel belongs, 
or to such articles as are most universally shipped from 




J. AD/^ls’ FIRST ANNUAL MESSAGE. 


101 


fier ports. It will deserve the serious consideration of 
Congress, whether even this remnant of restriction may 
not be safely abandoned, and whether the general tender 
oi equal competition, made in the act of 8th January, 
1824, may not be extended to include all articles of mer¬ 
chandise not prohibited, of what country soever they may 
be the produce or manufacture. Propositions to this 
effect have already been made to us by more than one Eu¬ 
ropean government, and it is probable that if once esta¬ 
blished by legislation or compact with any distinguished 
maratime state, it would recommend itself, by the experi¬ 
ence of its advantages, to the general accession of all. 

J he convention of commerce and navigation between 
the United States and France, concluded on the 24th of 
June, 1822, was, in the understanding and intent of both 
parties, as appears upon its face, only a temporary ar¬ 
rangement of the points of difference between them of 
the most immediate and pressing urgency. It was limit¬ 
ed, in the first instance, to two years from the first of 
October, 1822, but with a proviso, that it should further 
continue in force till the conclusion of a general and de¬ 
finitive treaty of commerce, unless terminated by a notice 
six months in advance, of either of the parties to the 
other. Its operation, so far as it extended, has been mu¬ 
tually advantageous; and it still continues in force, by 
common consent. But it left unadjusted several objects 
of great interest to the citizens and subjects of both coun¬ 
tries, and particularly a mass of claims’, to considerable 
amount, of citizens of the United States upon the govern¬ 
ment of France, of indemnity for property taken or de¬ 
stroyed, under circumstances of the most aggravated and 
outrageous character. In the long period during which 
continued and earnest appeals have been made to the 
equity and magnanimity of France, in behalf of those 
claims, their justice has not been, as it could not be, de¬ 
nied. It was hoped that the accession of a new sovereign 
to the throne, would have afforded a favorable opportu¬ 
nity for presenting them to the consideration of his go¬ 
vernment. They have been presented and urged, hither¬ 
to without effect. The repeated and earnest representa¬ 
tions of our minister at the court of France, remains as 
9* 


102 


THE TRUE REPUBLICAN. 


yet even without an answer. Were the demands of na¬ 
tions upon the justice ol each other susceptible of adju¬ 
dication by the decision of an impartial tribunal, those to 
whom I now refer would long since have been settled, 
and adequate indemnity would have been obtained. There 
are large amounts of similar claims upon the Nether¬ 
lands, Naples, and Denmark. For those upon Spain, 
prior to 1819, indemnity was, after many years of patient 
forbearance, obtained, and those of Sweden have been 
lately compromised by a private settlement, in which the 
claimants themselves have acquiesced. The governments 
of Denmark and of Naples have been recently reminded 
of those yet existing against them ; nor will any of them 
be forgotten while a hope may be indulged of obtaining 
justice, by the means within the constitutional power of 
the executive, and without resorting to those means of 
self-redress, which, as well as the time, circumstances, 
and occasion, which may require them, are within the 
exclusive competency of the legislature. 

It is with great satisfaction that I am enabled to bear 
witness to the liberal spirit with which the republic of 
Colombia has made satisfaction for well-established claims 
of a similar character. And among the documents now 
communicated to Congress, will be distinguished a treaty 
of commerce and navigation with that republic, the rati 
fications of which have been exchanged since the last re 
cess of the legislature. The negotiation o^ similar trea¬ 
ties with all the independent South American states, ha» 
been contemplated, and may yet be accomplished. The 
basis of them all, as proposed by the United States, has 
been laid in two principles; the one, of entire and un¬ 
qualified reciprocity ; the other, the mutual obligation of 
the parties to place each other permanently on the footing 
of the most favored nation. These principles are, indeed, 
indispensible to the effectual emancipation of the Ameri¬ 
can hemisphere from the thraldom of colonizing monopo¬ 
lies and exclusions—an event rapidly realizing in the pro¬ 
gress of human affairs, and which the resistance still op¬ 
posed in certain parts of Europe to the acknowledgment 
of the Southern American republics as independent 
states, will, it is believed, contribute more effectually to 


J. Q. ADAMS’ FIRST ANNUAL MESSAGE. 


103 


accomplish. The time has been, and that not remote 
when some of these states might, in their anxious desire 
to obtain a nominal recognition, have accepted of a nomi¬ 
nal independence, clogged with burdensome conditions, 
and exclusive commercial privileges, granted to the nation 
from which tliey have separated, to the disadvantage of 
all others. They now are all aware that such conces- 
s’. ins to any European nation would be incompatible with 
that independence which they have declared and main¬ 
tained. 

Among the measures which have been suggested to 
them by the new relations with one another, resulting 
from the recent changes in their condition, is that of as¬ 
sembling at the Isthmus of Panama, a Congress, at which 
each of them should be represented, to deliberate upon 
objects important to the welfare of all. The republics 
of Colombia, of Mexico, and of Central America, have 
already deputed plenipotentiaries to such a meeting, and 
they have invited the United States to be also represented 
there by their ministers. The invitation has been accept¬ 
ed, and ministers on the part of the United States will 
be commissioned to attend at those deliberations, and to 
take part in them, so far as it may be compatible with 
that neutrality from which it is neither our intention nor 
the desire of the American states that we should depart. 

The commissioners under the seventh article of the 
treaty of Ghent have so nearly completed their arduous 
labors, that, by the report recently received from the agen/ 
on the part of the United States, there is reason to ex¬ 
pect that the commission will be closed at their next ses¬ 
sion, appointed for the 22d of May, of the ensuing year 

The other commission appointed to ascertain the in 
demnities due for slaves carried away from the United 
States, after the close of the late war, have met with some 
difficulty which has delayed their progress in the inquiry. 
A reference has been made to the British government on 
the subject, which, it may be hoped, will tend to hasten 
the decision of the commissioners, or serve as a substi¬ 
tute for it. 

Among the powers specifically granted to Congress by 
trie constitution, are those of establishing uniform law 


104 


THE TRUE REPUBLICAN. 


on the subject of bankruptcies throughout the United 
States; and for providing for organizing, arming, and dis¬ 
ciplining the militia, and for governing such part of them 
as may be employed in the service of the United States. 
The magnitude and complexity of the interests affected 
by legislation upon these subjects, may account for the 
fact, that long and often as both of them have occupied 
the attention, and animated the debates of Congress, no 
systems have yet been devised for fulfilling, to the satis¬ 
faction of the community, the duties prescribed by these 
grants of power. To conciliate the claim of the indi¬ 
vidual citizen to the enjoyment of personal liberty, with 
the effective obligation of private contracts, is the difficult 
problem to be solved by a law of bankruptcy. These are 
objects of the deepest interest to society ; affecting all 
that is precious in the existence of multitudes of persons, 
many of them in the classes essentially dependent and 
helpless; of the age requiring nurture, and of the sex en¬ 
titled to protection from the free agency of the parent and 
the husband. The organization of the militia is yet more 
indispensable to the liberties of the country. It is only 
by an effective militia that we can at once enjoy the re¬ 
pose of peace, and bid defiance to foreign aggression; it 
is by the militia that we are constituted an armed nation, 
standing in perpetual panoply of defence, in the presence 
of all the other nations of the earth. To this end, it 
would be necessary, if possible, so to shape its oVganiza- 
tion, as to give it a more united and active energy. There 
are laws for establishing a uniform militia throughout the 
United States, and for arming and equipping its whole 
body. But it is a body of dislocated members, without 
the vigor of unity, and having little of uniformity but the 
name. To infuse into this most important institution the 
power of which it is susceptible, and to make it available 
for the defence of the Union, at the shortest notice, and 
at the smallest expense possible of time, of life, and of 
treasure, are among the benefits to be expected from the 
persevering deliberations of Congress. 

Among the unequivocal indications of our national pros- 
verity, is the flourishing state of our finances. The reve¬ 
nues of the present year, from all their principal sources, 


J q. adams’ first annual message. 105 

will exceed the anticipations of the last. The balance 
in the treasury on the first of January last, was a little 
short ot two millions of dollars, exclusive of two millions 
and a half, being a moiety of the loan of five millions, 
authorized by the act of the 26th May, 1824. The re¬ 
ceipts into the treasury from the first of January to the 30th 
of September, exclusive of the other moiety of the same 
loan, are estimated at sixteen millions five hundred thou¬ 
sand dollars; and it is expected that those of the current 
quarter will .exceed five millions of dollars; forming an 
aggregate of receipts of nearly twenty-two millions, inde¬ 
pendent of the loan. The expenditures of the year will 
not exceed that sum more than two millions. By those 
expenditures, nearly eight millions of the principal of the 
public debt have been discharged. More than a million 
and a half has been devoted to the debt of gratitude to the 
warriors of the revolution; a nearly equal sum to the 
construction of fortifications and the acquisition of 
ordnance, and other permanent preparations of national 
defence ; half a million to the gradual increase of the 
navy; an equal sum for purchases of territory from the 
Indians, and payment of annuities to them; and upwards 
of a million for objects of internal improvement, autho¬ 
rized by special acts of the last Congress. If we add to 
these, four millions of dollars for payment of interestupon 
the public debt, there remains a sum of about seven mil¬ 
lions, which have defrayed the whole expense of the ad¬ 
ministration of government, in its legislative, executive, 
and judiciary departments, including the support of the 
military and naval establishments, and all the occasional 
contingencies of a government co-extensive with the 
Union. 

The amount of duties secured on merchandise import¬ 
ed, since the commencement of the year, is about twenty- 
five millions and a half; and that which will accrue during 
the current quarter, is estimated at five millions and a half; 
from these thirty-one millions, deducting the drawbacks, 
estimated at less than seven millions, a sum exceeding 
twenty-four millions will constitute the revenue of the 
year, and will exceed the whole expenditures of the year. 
The entire amount of the public debt remaining due on 


106 


THE TRUE REPUBLICAN. 


the first of January next, will be short of eighty-one mil¬ 
lions of dollars. # 

By an act of Congress on the 3d of March last, a loan 
of twelve millions of dollars was authorized at lour and 
a half per cent., or an exchange of stock to that amount, 
of four and a half per cent., for a stock of six per cent., 
to create a fund fo- extinguishing an equal amount of the 
public debt, bearing an interest of six per cent., redeema¬ 
ble in 1826. Ail account of the measures taken to give 
effect to this act will be laid before you by the Secretary 
of the Treasury. As the object which it had in view has 
been but partially accomplished, it will be for the consi¬ 
deration of Congress, whether the power with which it 
clothed the executive should not be renewed at an early 
day of the present session, and under what modifications. 

The act of Congress of the 3d of March last, directing 
the Secretary of the Treasury to subscribe, in the name 
and for the use of the United States, for one thousand five 
hundred shares of the capital stock of the Chesapeake and 
Delaware Canal company, has been executed by the ac¬ 
tual subscription for the amount specified; and such 
other measures have been adopted by that officer, under 
the act, as the fulfilment of its intentions requires. The 
latest accounts received of this important undertaking, au¬ 
thorize the belief that it is in successful progress. 

The payments into the treasury from proceeds of the 
sales of the public lands, during the present year, were 
estimated at one million of dollars. The actual receipts 
of the first two quarters have fallen very little short of 
that sum: it is not expected that the second half of the 
year will be equally productive; but the income of the 
year, from that source, may now be safely estimated at a 
million and a half. The act of Congress of the 18th of 
May, 1824, to provide for the extinguishment of the debt 
due to the United States by the purchasers of public lands, 
was limited, in its operation of relief to the purchaser, to 
the 10th of April last. Its effect at the end of the quar¬ 
ter during which it expired, was to reduce that debt from 
ten to seven millions. By the operation of similar prior 
laws of relief, from and since that of 2d March, 1821, 
.he debt had been reduced from upwards of twenty-two 


J. Q. ADAMS' FIRST ANNUAL MESSAGE. 107 

millions to ten. It is exceedingly desirable that it should 
be extinguished altogether; and to facilitate that consum¬ 
mation, I recommend to Congress the revival, for one 
year more, of the act of 18th of May, 1824, with such 
provisional modification as may be necessary to guard the 
public interests against fraudulent practices in the re-sale 
of relinquished land. The purchasers of public lands ara 
among the most useful of our fellow-citizens ; and, since 
the system of sales for cash alone has been introduced, 
great indulgence has been justly extended to those who had 
previously purchased upon credit. The debt which had 
been contracted under the credit sales had become un- 
wieldly, and its extinction was alike advantageous to the 
purchaser and the public. Under the system of sales, ma¬ 
tured as it has been by experience, and adapted to the 
exigencies of the times, the lands will continue, as they 
have become, an abundant source of revenue ; and when 
the pledge of them to the public creditor shall have been 
redeemed, by the entire discharge of the national debt, the 
swelling tide of wealth with which they replenish the com¬ 
mon treasury, may be made to reflow in unfailing streams 
of improvement, from the Atlantic to the Pacific ocean. 

The condition of the various branches of the public 
service resorting from the Department of War, and their 
administration during the current year, will be exhibited 
m the report of the Secretary of War, and the accompa 
nying documents, herewith communicated. The organi¬ 
zation and discipline of the army are effective and satis¬ 
factory. To counteract the prevalence of desertion 
among the troops, it has been suggested to withhold from 
the men a small portion of their monthly pay, until the 
period of their discharge ; and some expedient appears to 
be necessary, to preserve and maintain among the officers 
so much of the art of horsemanship as could scarcely fail 
to be found wanting on the possibly sudden eruption of a 
war, which should overtake us unprovided with a single 
corps of cavalry. The Military Academy at West Point, 
under the restrictions of a severe but paternal superinten¬ 
dence, recommends itself more and more to the patron¬ 
age of the nation; and the number of meritorious offi¬ 
cers which it forms and introduces to the public ser- 


108 


THE TRUE REPUBLICAN. 


vice, furnishes the means of multiplying the undertaking 
ol public improvements, to which their acquirements a‘ 
that institution are peculiarly adapted. The school of 
artillery practice, established at Fortress Monroe, is well 
suited to the same purpose, and may need the aid of fur¬ 
ther legislative provision to the same end. The reports 
of the various officers at the head of the administrative 
branches of the military service, connected with the quar¬ 
tering, clothing, subsistence, health and pay of the army, 
exhibit the assiduous vigilance of those officers in the per¬ 
formance of their respective duties, and the faithful ac¬ 
countability which has pervaded every part of the system. 

Our relations with the numerous tribes of aboriginal 
natives of this country, scattered over its extensive sur¬ 
face, and so dependent, even for their existence, upon our 
power, have been during the present year highly interest¬ 
ing. An act of Congress of the 25th of May, 1824, 
made an appropriation to defray the expenses of making 
treaties of trade and friendship with the Indian tribes be¬ 
yond the Mississippi. An act of the 3d of March, 1825, 
authorized treaties to be made with the Indians for their 
consent to the making of a road from the frontier of Mis¬ 
souri to that of New Mexico. And another act, of the 
same date, provided for defraying the expenses of hold¬ 
ing treaties with the Sioux, Chippewas, Menomonees, 
Sacs, Foxes, &c., for the purpose of establishing boun¬ 
daries and promoting peace between said tribes. The 
first and the last objects of these acts have been accom¬ 
plished ; and the second is yet in a process of execution. 
The treaties which, since the last session of Congress, 
have been concluded with the several tribes, will be laid 
before the Senate for their consideration, conformably to 
the constitution. They comprise large and valuable 
acquisitions of territory; and they secure an adjustment 
of boundaries, and give pledges of permanent peace be¬ 
tween several tribes which had been long waging bloody 
wars against each other. 

On the 12th of February last, a treaty was signed at 
the Indian Springs, between commissioners appointed on 
the part of the United States, and certain chiefs and indi* 


J. Q. ADAMS* FIRST ANNUAL MESSAGE. 109 

vlduals of the Creek nation of Indians, which was re¬ 
ceived at the seat of government only a very few days be¬ 
fore the close of the last session of Congress and of the 
late administration. The advice and consent of the Sen¬ 
ate was given to it on the third of March, too late for it to 
receive the ratification of the then President of the United 
States: it was ratified on the 7th of March, under the 
unsuspecting impression that it had been negotiated in 
good faith and in the confidence inspired by the recom¬ 
mendation of the Senate. The subsequent transactions in 
relation to this treaty will form the subject of a separate 
communication. 

The appropriations made by Congress for public works, 
as well in the construction of fortifications, as for pur¬ 
poses of internal improvement, so far as they have been 
expended, have been faithfully applied. Their progress 
has been delayed by the want of suitable officers for su¬ 
perintending them. An increase of both the corps of 
engineers, military and topographical, w r as recommended 
by my predecessor at the last session of Congress. The 
reasons upon which that recommendation w r as founded, 
subsist in all their force, and have acquired additional 
urgency since that time. It may also be expedient to 
organize the topographical engineers into a corps similar 
to the present establishment of the corps of engineers 
The Military Academy at West Point will furnish, from 
the cadets annually graduated there, officers well quali¬ 
fied for carrying this measure into effect. 

The board of engineers for internal improvement, ap¬ 
pointed for carrying into execution the act of Congress 
of 30th April, 1824, “ to procure the necessary surveys, 
plans and estimates, on the subject of roads and canals, 1 * 
have been actively engaged in that service from the close 
of the last session of Congress. They have completed 
the surveys necessary for ascertaining the practicability 
of a canal from the Chesapeake bay to the Ohio river, 
and are preparing a full report on that subject, which 
when completed, will be laid before you. The same ob¬ 
servation is to be made with regard to the two other ob¬ 
jects of national importance, upon which the board have 
been occupied; namely, the accomplishment of a nation- 
10 


110 


THE TRUE REPUBLICAN. 


al road from this city to New Orleans, and the practica¬ 
bility of uniting the waters of Lake Memphremagog with 
Connecticut river, and the improvement of the naviga¬ 
tion of that river. The surveys have been made, and are 
nearly completed. The report may be expected at an 
early period during the present session of Congress. 

The acts of Congress of the last session, relative to the 
surveying, marking, or laying out roads in the territory 
of Florida, Arkansas, and Michigan, from Missouri to 
Mexico, and for the continuation of the Cumberland road, 
are, some of them, fully executed, and others in the pro¬ 
cess of execution. Those for completing or commencing 
fortifications, have been delayed only so far as the corps 
of engineers have been inadequate to furnish officers for 
the necessary superintendence of the works. Under the 
act confirming the statutes of Virginia and Maryland, in¬ 
corporating the Chesapeake and Ohio Canal Company, 
three commissioners on the part of the United States have 
been appointed for opening books and receiving subscrip¬ 
tions, in concert with a like number of commissioners 
appointed on the part of each of those states. A meet¬ 
ing of the commissioners has been postponed, to await 
the definitive report of the board of engineers. The light¬ 
houses and monuments for the safety of our commerce 
and mariners ; the works for the security of Plymouth 
Beach, and for the preservation of the islands in Boston 
harbor, have received the attention required by the laws 
relating to those objects, respectively. The continuation 
of the Cumberland road, the most important of them all, 
after surmounting no inconsiderable difficulty in fixing 
upon the direction of the road, has commenced under 
the most promising auspices, with the improvements of 
recent invention in the mode of construction, and with 
the advantage of a great reduction in the comparative 
cost of the work. 

The operation of the laws relating to the revolutionary 
pensioners may deserve the renewed consideration of 
Congress. The act of the 18th March, 1818, while it 
made provision for many meritorious and indigent citi¬ 
zens who had served in the war of independence, opened 
a door to numerous abuses and impositions. To remedy 


J. Q. ADAMS’ FIRST ANNUAL MESSAGE. Ill 

tins, the act of 1st May, 1820, exacted proofs of absolute 
indigence, which many really in want were unable, and 
all, susceptible of that delicacy which is allied to many 
virtues, must be deeply reluctant to give. The result has 
been, that some among the least deserving have been re¬ 
tained, and some in whom the requisites both of worth and 
want were combined, have been stricken from the list. As 
the numbers of these venerable relics of an age gone by, di¬ 
minish ; as the decays of body, mind and estate, of those 
that survive, must, in the common course of nature, in¬ 
crease ; should not a more liberal portion of indulgence 
be dealt out to them ? May not the want in most instances 
be inferred from the demand, when the service can be 
duly proved ; and may not the last days of human infirmity 
be spared the mortification of purchasing a pittance of re¬ 
lief, only by the exposure of its own necessities ? I sub¬ 
mit to Congress the expediency of providing for individu¬ 
al cases of this description, by special enactment, or of 
revising the act of the 1st of May, 1820, with a view to 
mitigate the rigor of its exclusions, in favor of persons 
to whom charity, now bestowed, can scarcely discharge 
the debt of justice. 

The portion of the naval force of the Union, in actual 
service, has been chiefly employed on three stations : the 
Mediterranean, the coasts of South America bordering 
on the Pacific ocean, and the West Indies. An occasion¬ 
al cruiser has been sent to range along the African shores 
most polluted by the traffic of slaves ; one armed vessel 
has been stationed on the coast of our eastern boundary, 
to cruise along the fishing grounds in Hudson’s Bay, and 
on the coast of Labrador ; and the first service of a new 
frigate has been performed, in restoring to his native soil 
and domestic enjoyments, the veteran hero whose youth¬ 
ful blood and treasure had freely flowed in the cause of 
our country’s independence, and whose whole life has 
been a series of services and sacrifices to the improve¬ 
ment of his fellow-men. The visit of General Lafayette, 
alike honorable to himself and to our country, closed, as 
it had commenced, with the most affecting testimonials 
of devoted attachment on his part, and of unbounded 
gratitude of this people to him in return. It will form, 


112 


THE TRUE REPUBLICAN 


hereafter, a pleasing incident in the annals of our Un on, 
giving to real history the intense interest of romance, 
and signally marking the unpurchasable tribute of a great 
nation’s social affections to the disinterested champion ol 
the liberties of human kind. 

The constant maintenance of a small squadron in the 
Mediterranean, is a necessary substitute for the humilia¬ 
ting alternative of paying tribute for the security ol our 
commerce in that sea, and for a precarious peace, at the 
mercy of every caprice of four Barbary states, by whom 
it was liable to be violated. An additional motive for 
keeping a respectable force stationed there at this time, 
is found in the maritime war raging between the Greeks 
and the Turks ; and in which the neutral navigation of 
this Union is always in danger of outrage and depreda¬ 
tion. A few instances have occurred of such depreda¬ 
tions upon our merchant vessels by privateers or pirates 
wearing the Grecian flag, but without real authority from 
the Greek or any other government. The heroic strug¬ 
gles of the Greeks themselves, in which our warmest sym¬ 
pathies as freemen and Christians have been engaged, have 
continued to be maintained with vicissitudes of success 
adverse and favorable. 

Similar motives have rendered expedient the keep¬ 
ing of a like force on the coasts of Peru and Chili, on 
the Pacific. The irregular and convulsive character of 
the war upon the shores, has been extended to the con¬ 
flicts upon the ocean. An active warfare has been kept 
up for years, with alternate success, though generally to 
the advantage of the American patriots. But their naval 
forces have not always been under the control of their 
own governments. Blockades, unjustifiable under any ac¬ 
knowledged principles of international law, have been 
proclaimed by officers in command ; and though disavow¬ 
ed by the supreme authorities, the protection of our own 
commerce against them has been made a cause of com¬ 
plaint and erroneous imputations against some of the most 
gallant officers of our navy. Complaints equally ground¬ 
less have been made by the commanders of the Spanish 
royal forces in those seas ; but the most effective protec¬ 
tion to our commerce has been the flag and the firmness 


J. Q. ADAMs’ FIRST ANNUAL MESSAGE. 113 

of our own commanding officers. The cessation of the 
war, by the complete triumph of the patriot cause, has 
removed, it is hoped, all cause of dissention with one 
party, and all vestige of force of the other. But an un¬ 
settled coast of many degrees of latitude, forming a part 
of our own territory, and a flourishing commerce and fish¬ 
ery, extending to the islands of the Pacific and to China, 
still require that the protecting power of the Union 
should be displayed under its flag, as well upon the ocean 
as upon the land. 

The objects of the West Indies squadron have been, 
to carry into execution the laws for the suppression of the 
African slave trade ; for the protection of our commerce 
against vessels of piratical character, though bearing 
commissions from either of the belligerent parties; for 
its protection against open and unequivocal pirates. 
These objects, during the present year, have been ac¬ 
complished more effectually than at any former period. 
The African slave trade has long been excluded from the 
use of our flag; and if some few citizens of our country 
have continued to set the laws of the Union, as well as 
those of nature and humanity, at defiance, by persevering 
in that abominable traffic, it has been only by sheltering 
themselves under the banners of other nations, less earn¬ 
est for the total extinction of the trade than ours. The 
irregular privateers have, within the last year, been in a 
great measure banished from those seas ; and the pirates, 
for months past, appear to have been almost entirely 
swept away from the borders and the shores of the two 
Spanish islands in those regions. The active, perseve¬ 
ring, and unremitted energy of Captain Warrington, 
and of the officers and men under his command, on that 
trying and perilous service, have been crowned with sig¬ 
nal success, and are entitled to the approbation of their 
country. But experience has shown that not even a 
temporary suspension or relaxation from assiduity can be 
indulged on that station without reproducing piracy and 
murder in all their horrors; nor is it probable that, for 
years to come, our immensely valuable commerce in those 
seas can navigate in security, without the steady contin¬ 
uance of an armed force devoted to its protection. 

10 * 


114 


THE TRUE REPUBLICAN. 


It were indeed a vain and dangerous illusion to believe 
that in the present or probable condition of haman socie¬ 
ty, a commerce so extensive and so rich as ours could 
exist and be pursued in safety, without the continual sup¬ 
port of a military marine—the only arm by which the 
power of this confederacy can be estimated or felt by 
foreign nations, and the only standing militaiy force which 
can never be dangerous to our own liberties at home. A 
permanent naval peace establishment, therefore, adapted 
to our present condition, and adaptable to that gigantic 
growth with which the nation is advancing in its career, 
is among the subjects which have already occupied the 
foresight of the last Congress, and which will deserve 
your serious deliberations. Our navy, commenced at an 
early period of our present political organization, upon a 
scale commensurate with the incipient energies, the scan¬ 
ty resources, and the comparative indigence of our infan¬ 
cy, was even then found adequate to cope with all the 
powers of Barbary, save the first, and with one of the 
principal maritime powers of Europe. 

At a period of further advancement, but with little ac¬ 
cession of strength, it not only sustained with honor the 
most unequal of conflicts, but covered itself and our coun¬ 
try with unfading glory. But it is only since the close 
of the late war that, by the numbers and force of the 
ships of which it was composed, it could deserve the 
name of a navy. Yet it retains nearly the same organi¬ 
zation as when it consisted of only five frigates. The 
rules and regulations by which it is governed earnestly 
call for revision ; and tiie want of a naval school of in¬ 
struction, corresponding with the Military Academy at 
West Point, for the formation of scientific and accom¬ 
plished officers, is felt with daily increasing aggravation. 

The act of Congress of 26th of May, 1824, authori¬ 
zing an examination and survey of the harbor of Charles¬ 
ton, in South Carolina, of St. Mary’s, in Georgia, and of 
the coast of Florida, and for other purposes, has been 
executed so far as the appropriation would admit. Those 
of the third of March last, authorizing the establish¬ 
ment of a navy yard and depot on the coast of Florida, 
in the Gulf of Mexico, and authorizing the building of 




j. q. Adams’ first annual message. 


115 


ten sloops of war, and for other purposes, ar® in the 
course of execution : for the particulars of which and 
other objects connected with this department, I refer to 
the report of the Secretary of the Navy herewith commu¬ 
nicated. 

A report from the Postmaster-general is also submit¬ 
ted, exhibiting the present flourishing condition of that 
department. For the first time for many years, the re¬ 
ceipts for the year ending on the first of July last, ex¬ 
ceeded the expenditures during the same period, to the 
amount of more than forty-five thousand dollars. Other 
facts, equally creditable to the administration of this de¬ 
partment, are, that in two years from the first of July, 
1823, an improvement of more than one hundred and 
eighty-five thousand dollars, in its pecuniary affairs, has 
been realized ; that, in the same interval, the increase of 
the transportation of the mail has exceeded one million 
five hundred thousand miles annually ; and that one thou¬ 
sand and forty new post-offices have been established. 
It hence appears, that under judicious management, the 
income from this establishment may be relied on as fully 
adequate to defray its expenses ; and that, by the discon¬ 
tinuance of post roads, altogether unproductive, others of 
more useful character may be opened, till the circulation 
of the mail shall keep pace with the spread of our popu¬ 
lation, and the comforts of friendly correspondence, the 
exchanges of internal traffic, and the lights of the period¬ 
ical press, shall be distributed to the remotest corners of 
!lie Union, at a charge scarcely perceptible to any indi¬ 
vidual, and without the cost of a dollar to the public trea¬ 
sury. 

Upon this first occasion of addressing the legislature 
of the Union, with which I have been honored, in pre¬ 
senting to their view the execution, so far as it has been 
effected, of the measures sanctioned by them, for promo¬ 
ting the internal improvement of our country, I cannot 
close the communication without recommending to their 
calm and persevering consideration the general prin¬ 
ciple in a more enlarged extent. The great object of 
the institution of civil government is the improvement 
of the condition of those who are parties to the social 


116 


THE TRUE REPUBLICAN 


compact. And no government, in whatever form con¬ 
stituted, can accomplish the lawful ends of its institution, 
but in proportion as it improves the condition of those 
over whom it is established. Roads and canals, by mul¬ 
tiplying and facilitating the communications and inter¬ 
course between distant regions and multitudes of men, 
are among the most important means ol improvement. 
But moral, political and intellectual improvement, are 
duties assigned by the Author of our existence, to social, 
no less than to individual man. For the fulfilment of 
those duties, governments are invested with power; and, 
to the attainment of the end, the progressive improve¬ 
ment of the condition of the governed, the exercise of 
delegated powers is a duty as sacred and indispensable, 
as the usurpation of powers not granted is criminal and 
odious. Among the first., perhaps the very first instru¬ 
ment for the improvement of the condition of men, is 
knowledge; and to the acquisition of much of the know¬ 
ledge adapted to the wants, the comforts, and enjoyments 
of human life, public institutions and seminaries of 
learning 1 are essential. So convinced of this was the 
first of my predecessors in this office, now first in the 
memory as, living, he was first in the hearts of our coun¬ 
try, that once and again, in his addresses to the Con¬ 
gresses with whom he co-operated in the public service, 
he earnestly recommended the establishmentof seminaries 
of learning, to prepare for all the emergencies of peace 
and war—a national university, and a military academy. 
With respect to the latter, had he lived to the present 
day, in turning his eyes to the institution at West Point, 
he would have enjoyed the gratification of his most ear¬ 
nest wishes. But, in surveying the city which has been 
honored with his name, he would have seen the spot of 
earth which he had destined and bequeathed to the use 
and benefit of his country as the site for a university, stih 
bare and barren. 

In assuming her station among the civilized nations of 
the earth, it would seem that our country had contracted 
the engagement to contribute her share of mind, of labor, 
and of expense, to the improvement of those parts of 
knowledge which lie beyond the reach of individual 


J. Q. ADAMS* FIRST ANNUAL MESSAGE. 117 

acquisition; and particularly to geographical and astro¬ 
nomical science. Looking back to the history only of 
half the century since the declaration of our indepen¬ 
dence, and observing the generous emulation with which 
the governments of France, Great Britain, and Russia, 
have devoted the genius, the intelligence, the treasures 
of their respective nations, to the common improvement 
of the species in these branches of science, is it not in¬ 
cumbent upon us to inquire whether we are not bound 
by obligations of a high and honorable character to con¬ 
tribute our portion of energy and exertion to the common 
&tock? The voyages of discovery prosecuted in the 
course of that time at the expense of those nations, have 
not only redounded to their glory, but to the improvement 
of human knowledge. We have been partakers of that 
improvement, and owe for it a sacred debt, not only of 
gratitude, but of equal and proportional exertion in the 
same common cause. Of the cost of these undertakings, 
if the mere expenditures of outfit, equipment, and com¬ 
pletion of the expeditions, were' to be considered the 
only charges, it would be unworthy of a great and gene¬ 
rous nation to take a second thought. One hundred 
expeditions of circumnavigation, like those of Cook and 
La Perouse, would not burden the exchequer of the na¬ 
tion fitting .them out, so much as the ways and means of 
defraying a single campaign in war. But if we take 
into the account the lives of those benefactors of man¬ 
kind, of which their services in the cause of their species 
were the purchase, how shall the cost of those heroic 
enterprises be estimated ? And what compensation can 
be made to them, or to their countries for them ? Is it 
not by bearing them in affectionate remembrance ? Is it 
not still more by imitating their example? by enabling 
countrymen of our own to pursue the same career, and 
to hazard their lives in the same cause ? 

On inviting the attention of Congress on the subject of 
internal improvements, upon a view thus enlarged, it is 
not my design to recommend the equipment of an expe¬ 
dition for circumnavigating the globe for purposes of 
scientific research and inquiry. We have objects of 
useful investigation nearer home, and to which our cares 


118 


TIIE TRUE REPUBLICAN. 


may be more beneficially applied. The inv.r.or of our 
own territories has yet been very imperfectly explored 
Our coasts, along many degrees of latitude upon the 
shores of the Pacific ocean, though much frequented by 
our spirited commercial navigators, have been barely 
visited by our public ships. The river of the west, first 
fully discovered and navigated by a countryman of our 
own, still bears the name of the ship in which he as¬ 
cended its waters, and claims the protection of our armed 
national flag at its mouth. With the establishment of a 
military post there, or at some other point of that coast., 
recommended hy my predecessor, and already matured 
in the deliberations of the last Congress, I would suggest 
the expediency of connecting the equipment of a public 
ship for the exploration of the whole north-west coast of 
this continent. 

The establishment of a uniform standard of weights 
and measures, was one of the specific objects contem¬ 
plated in the formation of our constitution ; and to fix 
that standard was one of the powers delegated by express 
terms, in that instrument, to Congress. The governments 
of Great Britain and France have scarcely ceased to be 
occupied with inquiries and speculations on the same 
subject, since the existence of our constitution; and 
with them it has expanded into profound, laborious, and 
expensive researches into the figure of the earth, and the 
comparative length of the pendulum vibrating seconds in 
various latitudes, from the equator to the pole. These 
researches have resulted in the composition and publica¬ 
tion of several works highly interesting to the cause of 
science. The experiments are yet in the process of per¬ 
formance. Some of them have recently been made on 
our own shores, within the walls of one of our own col¬ 
leges, and partly by one of our own fellow-citizens. It 
would be honorable to our country if the sequel of the 
same experiments should be countenanced by the patron¬ 
age of our government, as they have hitherto been by 
those of France and Great Britain. 

Connected with the establishment of a university, or 
separate from it, might be undertaken the erection o. an 
astronomical observatory, with provision for the support 


J. Q. ADAMS’ FIRST ANNUAL MESSAGE. 119 

of an astronomer, to be in constant attendance of ob¬ 
servation upon the phenomena of the heavens ; and fo r 
the periodical publication of his observations. It is with 
no feeling of pride, as an American, that the remark may 
be made, that, on the comparatively small territorial surface 
of Europe, there are existing upwards of one hundred and 
thirty of these light-houses of the skies ; while through¬ 
out the whole American hemisphere there is not one. 
It we reflect a moment upon the discoveries which, in 
the last four centuries, have been made in the physical 
constitution of the universe, by the means of these build¬ 
ings. and of observers stationed in them, shall we doubt 
of their usefulness to every nation ? And while scarcely 
a year passes over our heads without bringing some new 
astronomical discovery to light, which we must fain re¬ 
ceive at second hand from Europe, are we not cutting 
ourselves off from the means of returning light for light, 
while we have neither observatory nor observer upon 
our half of the globe, and the earth revolves in perpetual 
darkness to our unsearching eyes? 

When, on the 25th of October, 1791, the first Presi¬ 
dent of the United States announced to Congress the re¬ 
sult of the first enumeration of the inhabitants of this 
Union, he informed them that the returns gave the plea¬ 
sing assurance that the population of the United States 
bordered on four millions of persons. At the distance 
of thirty years from that time, the last enumeration, five 
years since completed, presented a population bordering 
on ten millions. Perhaps of all the evidences of a pros¬ 
perous and happy condition of human society, the rapid¬ 
ity of the increase of population is the most unequivo¬ 
cal. But the demonstration of our prosperity rests not 
alone upon this indication. Our commerce, our wealth, 
and the extent of our territories have increased in corres¬ 
ponding proportions; and the number of independent 
communities, associated in our federal Union, has, since 
that time, nearly doubled. The legislative representation 
of the states and people, in the two houses of Congress, 
has grown with the growth of their constituent bodies. 
The House, which then consisted of sixty-five members, 
now numbers upwards of two hundred. The Senate, 


120 


THE TRUE REPUBLICAN. 


■which consisted of twenty-six members, has now forty- 
eight. But the executive, and still more the judiciary 
departments, are yet in a great measure confined to theii 
primitive organization, and are now not adequate to the 
urgent wants of a still growing community. 

The naval armaments, which at an early period forced 
themselves upon the necessities of the Union, soon led 
to the establishment of a department of the navy. But 
the departments of foreign affairs and of the interior, 
which, early after the formation of the government, had 
been united in one, continue so united to this time to 
the unquestionable detriment of the public service. The 
multiplication of our relations with the nations and go 
vernments of the old world, has kept pace with that of 
our population and commerce, while, within the last ten 
years, a new family of nations, in our own hemisphere, 
has arisen among the inhabitants of the earth, with whom 
our intercourse, commercial and political, would, of it¬ 
self, furnish occupation to an active and industrious de¬ 
partment. The constitution of the judiciary, experimen¬ 
tal and imperfect as it was, even in the infancy of our 
existing government, is yet more inadequate to the admin¬ 
istration of national justice at our present maturity. Nine 
years have elapsed since a predecessor in this office, now 
not the last, the citizen who perhaps of all others through¬ 
out the Union, contributed most to the formation and 
establishment of our constitution, in his valedictory ad¬ 
dress to Congress, immediately preceding his retirement 
from public life, urgently recommended the revision of 
the judiciary, and the establishment of an additional exe¬ 
cutive department. The exigencies of the public service 
and its unavoidable deficiencies, as now in exercise, have 
added yearly cumulative weight to the considerations pre¬ 
sented by him as persuasive to the measure; and in re¬ 
commending it to your deliberations, I am happy to have 
the influence of his high authority in aid of the undoubt¬ 
ing convictions of my own experience. 

The laws relating to the administration of the Patent 
Office are deserving of much consideration, and perhaps 
susceptible of some improvement. The grant of power 
to regulate the action of Congress on this subject, has 


J. Q. ADAMS FIRST ANNUAL MESSAGE. 121 

pecified both the end to be obtained and the means by 
which it is to be effected, “ to promote the progress of 
science and the useful arts, by securing, for limited times, 
to authors and inventors the exclusive right to their re¬ 
spective writings and discoveries.” If an honest pride 
might be indulged in the reflection, that on the records 
of that office are already found inventions, the usefulness 
of which has scarcely been transcended in the annals of 
human ingenuity, would not its exultation be allayed by 
the inquiry, whether the laws have effectively insured to 
the inventors the reward destined to them by the consti¬ 
tution—even a limited term of exclusive right to their dis¬ 
coveries ? 

On the 24th of December, 1799, it was resolved by 
Congress, that a marble monument should be erected by 
the United States, in the capitol, at the city of Washing¬ 
ton; that the family of General Washington should be 
requested to permit his body to be deposited under it; and 
that the monument be so designed as to commemorate 
the great events of his military and political life. In re¬ 
minding Congress of this resolution, and that the monu- 
ment contemplated by it remains yet without execution, 
I shall indulge only the remarks, that the works at the 
capitol are approaching to completion ; that the consent 
of the family, desired by the resolution, was requested and 
obtained ; that a monument has been recently erected in 
this city, over the remains of another dh tinguished patriot 
of the revolution; and that a spot has bt en reserved with¬ 
in the walls where you are deliberating for the benefit 
of this and future ages, in which the mortal remains may 
be deposited of him whose spirit hovers over you, and 
listens with delight to every act of the representatives of 
his nation which can tend to exalt and adorn his and their 
country. 

The constitution under which you are assembled, is a 
charter of limited powers. After full and solemn delibe¬ 
ration upon all or any of the objects which, urged by an 
irresistible sense of mv own duty, I have recommended 
to your attention, should you come to the conclusion, that, 
however desirable in themselves, the enactment of laws 
for effecting them would transcend the powers committed 
11 


122 


THE TRUE RF PUBLICAN. 


to you by that venerable instrument which we are ah 
bound to support; let no consideration induce you to as¬ 
sume the exercise of powers not granted to you by the 
people. But il the power to exercise exclusive legisla¬ 
tion in all cases wnatsoever, over the District of Colum¬ 
bia; if the power to lay and collect taxes, duties, imposts, 
and excises, to pay the debts and provide forthe common 
defence and general welfare of the United States; if the 
power to regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes ; tc 
fix the standard of weights and measures; to establish 
post-offices and post-roads; to declare war; to raise and 
support armies; to provide and maintain a navy ; to dis¬ 
pose ot and make all needful rules and regulations re¬ 
specting the territory or other property belonging to the 
United States; and to make all laws which shall be ne¬ 
cessary and proper for carrying these powers into execu¬ 
tion : if these powers, and others enumerated in the con¬ 
stitution, may be effectually brought into action by laws 
promoting the improvement of agriculture, commerce, 
and manufactures, the cultivation and encouragement of 
the mechanic and of the elegant arts, the advancement 
of literature, and the progress of the sciences, orna¬ 
mental and profound; to refrain from exercising them 
for the benefit of the people themselves, would be to hide 
in the earth the talent committed to our charge—would be 
treachery to the most sacred of trusts. 

The spirit of improvement is abroad upon the earth. 
It stimulates the hearts and sharpens the faculties, not of 
our fellow-citizens alone, but of the nations of Europe, 
and of their rulers. While dwelling with pleasing satis¬ 
faction upon the superior excellence of our political in¬ 
stitutions, let us not be unmindful that liberty is power; 
that the nation blessed with the largest portion of liberty, 
must, in proportion to its numbers, be the most power¬ 
ful nation upon earth ; and that the tenure of power by 
man is, in the moral purposes of his Creator, upon 
condition that it shall be exercised to ends of beneficence, 
to improve the condition of himself and his fellow-men. 
While foreign nations, less blessed with that freedom 
which is power than ourselves, are advancing with gigan- 


J Q. ADAMS’ FIRST ANNUAL MESSAGE. 


123 


tic strides in the career of public improvement; were wo 
10 slumber in indolence, or fold up our arms and proclaim 
lo the world that we are palsied by the will of our consti* 
tuents, would it not be to cast away the bounties of Pro¬ 
vidence, and doom ourselves to perpetual inferiority? In 
he course of the year now drawing to its close, we have 
eeheld, under the auspices and expense of one state in our 
Union, a new university unfolding its portals to the sons 
of science, and holding up the torch of human improve 
ment to eyes that seek the light. We have seen under 
the persevering and enlightened enterprise of another 
state, the waters of our western lakes mingle with those 
of the ocean. If undertakings like these have been ac¬ 
complished in the compass of a few years, by the autho¬ 
rity of single members of our confederation, can we, the 
representative authorities of the whole Union, hill behind 
our fellow servants in the exercise of the trust committed 
to us for the benefit of our common sovereign, by the ac¬ 
complishment of works important to the whole, and to 
which neither the authority nor the resources of any one 
state can be adequate ? 

Finally, fellow-citizens, I shall await, with cheering 
hope and faithful co-operation, the result of your delibera¬ 
tions*; assured that, without encroaching upon the pow¬ 
ers reserved to the authorities of the respective states, or 
to the people, you will, with a due sense of your obliga¬ 
tions to your country, and of the high responsibilities 
weighing upon yourselves, give efficacy to the means com¬ 
mitted to you for the common good. And may He who 
searches the hearts of the children of men, prosper your 
exertions to secure the blessings of peace and promote 
the highest welfare of our country. 


124 


THE TRUE REPUBLICAN. 


JACKSON’S INAUGURAL ADDRESS, 
March 4, 1829. 


Fellow Citizens: 

About to undertake the arduous duties that I have been 
appointed to perforin, by the choice of a free people, I 
avail myself of this customary and solemn occasion to ex¬ 
press the gratitude which their confidence inspires, and 
to acknowledge the accountability which my situation en¬ 
joins. While the magnitude of their interests convinces 
me that no thanks can be adequate to the honor they 
have conferred, it admonishes me that the best return I 
can make, is the zealous dedication of my humble abili¬ 
ties to their service and their good. 

As the instrument of the federal constitution, it will 
devolve upon me, for a stated period, to execute the laws 
of the United States; to superintend their foreign and 
confederate re'ations ; to manage their revenue ; to com¬ 
mand their forces ; and, by communications to the legis¬ 
lature, to watch over and to promote their interests gene¬ 
rally. And the principles of action by which I shall 
endeavor to accomplish this circle of duties, it is now 
proper for me briefly to explain. 

In administering the laws of Congress, I shall keep 
steadily in view the limitations as well as the extent of 
the executive power, trusting thereby to discharge the 
functions of my office, without transcending its authority. 
With foreign nations, it will be my study to preserve 
peace, and to cultivate friendship on fair and honorable 
terms ; and in the adjustment of any differences that may 
exist or arise, to exhibit the forbearance becoming a 
powerful nation, rather than the sensibility belonging to 
a gallant people. 

In such measures as I may be called on to pursue, in 
regard to the rights of the separate states, I hope to be 
animated by a proper respect for those sovereign members 
of our Union; taking care not to confound the powers 
they have reserved to themselves with those they have 
granted to the confederacy. 



































Jackson’s inaugural address. 125 

The management of the public revenue—that search¬ 
ing operation of all governments—is among the most 
delicate and important trusts in ours; and it will, of 
course, demand no inconsiderable share of my official 
solicitude. Under every aspect in which it can be con¬ 
sidered, it would appear that advantage must result from 
the observance of a strict and faithful economy. This I 
shall aim at the more anxiously, both because it will facili¬ 
tate the extinguishment of the national debt, the unne¬ 
cessary duration of which is incompatible with real inde¬ 
pendence, and because it will counteract that tendency 
to public and private profligacy which a profuse expendi¬ 
ture of money by the government is but too apt to en¬ 
gender. Powerful auxiliaries to the attainment of this 
desirable end, are to be found in the regulations provided 
by the wisdom of Congress for the specific appropriation 
of public money, and the prompt accountability of pub¬ 
lic officers. With regard to a proper selection of the 
subjects of impost, with a view to revenue, it would seem 
to me that the spirit of equity, caution, and compromise, 
in which the constitution w'as formed, requires that the 
great interests of agriculture, commerce and manufac¬ 
tures, should be equally favored, and that perhaps the only 
exception to this rule should consist in the peculiar en¬ 
couragement of any products of either of them that may 
be found essential to our national independence. 

Internal improvement and the diffusion of knowledge, 
so far as they can be promoted by the constitutional acts 
of the federal government, are of high importance. 

Considering standing armies as dangerous to free go¬ 
vernments in time of peace, I shall not seek to enlarge 
our present establishment, nor to disregard that salutary 
lesson of political experience which teaches that the mili¬ 
tary should be held subordinate to the civil power. The 
gradual increase of our navy, whose flag has displayed, in 
distant climes, our skill in navigation, and our fame in 
arms; the preservation of our forts, arsenals, and dock¬ 
yards; and the introduction of progressive improvements 
in the discipline and science of both branches of our 
military service, are so plainly prescribed by piudence 
that I should be excused for omitting their mention, sooner 
11 * 


126 


THE TRUE REPUBLICAN. 


than enlarging on tlieir importance. But the bulwark 
of our defence is the national inilitia, which, in the pre 
sent state of our intelligence and population, must render 
us invincible. As long as our government is administered 
for the good of the people, and is regulated by their will; 
as long as it secures to us the right of person and pro¬ 
perty, liberty of conscience, and of the press, it will be 
worth defending; and so long as it is worth defending, a 
patriotic inilitia will cover it with an impenetrable aegis. 
Partial injuries and occasional mortifications we may be 
subjected to ; but a million of armed freemen, possessed 
of the means of war, can never be conquered by a fo¬ 
reign foe. To any just system, therefore, calculated to 
strengthen this natural safeguard of the country, I shall 
cheerfully lend all the aid in my power 

It will be my sincere and constant desire to observe 
towards the Indian tribes within our limits, a just and 
liberal policy; and to give that humane and considerate 
attention to their rights and their wants, which are con¬ 
sistent with the habits of our government and the feelings 
of our people. 

The recent demonstration of public sentiment inscribes 
on the list of executive duties, in characters too legible 
to be overlooked, the task of reform ; which will require, 
particularly the correction of those abuses that have 
brought the patronage of the federal government into 
conflict with the freedom of elections, and the counter¬ 
action of those causes which have disturbed the rightful 
course of appointment, and have placed or continued 
power in unfaithful or incompetent hands. 

In the performance of a task thus generally delineated, 
I shall endeavor to select men whose diligence and talents 
will insure, in their respective stations, able and faithful 
co-operation—depending for the advancement of the pub¬ 
lic' service, more on the integrity and zeal of the public 
officers, than on their numbers. 

A diffidence, perhaps too just, in my own qualifications, 
will teach me to look with reverence to the examples of 
public virtue left by my illustrious predecessors, and with 
veneration to the lights that flow from the mind that found¬ 
ed and the mind that reformed our system. The same 


Jackson’s first annual message. 


127 


diffidence induces me to hope for instruction and aid 
from the co-ordinate branches of the government, and 
for the indulgence and support of my fellow-citizens gene 
rally. And a firm reliance on the goodness of that Pow¬ 
er whose providence mercifully protected our national 
infancy, and has since upheld our liberties in various 
vicissitudes, encourages me to offer up my .ardent suppli¬ 
cations that He will continue to make our beloved coun¬ 
try the object of his divine care and gracious benediction 


JACKSON’S FIRST ANNUAL MESSAGE, 

December 8, 1829. 

Fellow-Citizens of the Senate, 

and House of Representatives : 

It affords me pleasure to tender my friendly greetings 
to you on the occasion of your assembling at the seat of 
government, to enter upon the important duties to which 
you have been called by the voice of our countrymen. 
The task devolves on me, under a provision of the consti¬ 
tution, to present to you, as the federal legislature of 
twenty-four sovereign states, and twelve millions of happy 
people, a view of our affairs ; and to propose such mea¬ 
sures as, in the discharge of my official functions, have 
suggested themselves as necessary to promote the objects 
of our Union. 

In communicating with you for the first time, it is to 
me a source of unfeigned satisfaction, calling for mutual 
gratulation and devout thanks to a benign Providence, 
tiiat we are at peace with all mankind ; and that our 
country exhibits the most cheering evidence of general 
we.fare and progressive improvement Turning our eyes 
to other nations, our great desire is to see our brethren 
of the human race secured in the blessings they enjoy by 
ourselves, and advancing in knowledge, in freedom, and 
in social happiness. 



128 


THE TRUE REPUBLICAN. 


Our foreign relations, although in their general cna« 
racter pacific and friendly, present subjects of difference 
between us and other powers of deep interest, as well to 
the country at large as to many of our citizens. To ef¬ 
fect an adjustment of these shall continue to be the ob¬ 
ject of my earnest endeavors; and notwithstanding the 
difficulties of the task, I do not allow myself to appre¬ 
hend unfavorable results. Blessed as our country is with 
every thing which constitutes national strength, she is 
fully adequate to the maintenance of all her interests. In 
discharging the responsible trust confided to the executive 
in this respect, it is my settled purpose to ask nothing 
that is not clearly right, and to submit to nothing that is 
wrong; and I flatter myself, that, supported by the other 
branches of the government, and by the intelligence and 
patriotism of the people, we shall be able, under the pro 
tection of Providence, to cause all our just rights to be 
respected. 

Of the unsettled matters between the United States 
and other powers, the most prominent of those which 
have for years been the subject of negotiation with Eng¬ 
land, France, and Spain. The late periods at which 
our ministers to those governments left the United States, 
render it impossible, at this early day, to inform you of 
what has been done on the subjects with which they have 
been respectively charged. Relying upon the justice of 
our views in relation to the points committed to negotia¬ 
tion, and the reciprocal good feeling which characterizes 
our intercourse with those nations, we have the best rea¬ 
son to hope for a satifactory adjustment of existing dif¬ 
ferences. 

With Great Britain, alike distinguished in peace and 
war, we may look forward to years of peaceful, honora¬ 
ble, and elevated competition. Every thing in the condi¬ 
tion and history of the two nations is calculated to inspire 
sentiments of mutual respect, and to carry conviction to 
the minds of both, that it is their policy to preserve the 
most cordial relations. Such are my own views ; and it 
is not to be doubted that such are also the prevailing sen¬ 
timents of our constituents. Although neither time nor 
opportunity has been afforded for a full development of 


Jackson’s first annual message. 12fi 

the policy which the present cabinet of Great Britain de¬ 
signs to pursue towards this country, I indulge the hope 
that it will be of a just and pacific character ; and if this 
anticipation be realized, we may look with confidence to 
a speedy and acceptable adjustment of our affairs. 

Under the convention for regulating the reference to 
arbitration the disputed points of boundary under the 
fiftlf article of the treaty of Ghent, the proceedings have 
hitherto been conducted in the spirit of candor and libe- 
lalitv which ought ever to characterize the acts of sove¬ 
reign states, seeking to adjust, by the most unexception¬ 
able means, important and delicate subjects of contention. 
The first statements of the parties have been exchanged, 
and the final replication on our part is in a course of pre¬ 
paration. This subject has received the attention de¬ 
manded by its great and peculiar importance to a patriotic 
member of this confederacy. The exposition of our 
rights, already made, is such as from the high reputation 
of the commissioners by whom it has been prepared, we 
had a right to expect. Our interests at the court of the 
sovereign who has evinced his friendly disposition, by 
assuming the delicate task of arbitration, have been com¬ 
mitted to a citizen of the state of Maine, whose charac¬ 
ter, talents, and intimate acquaintance with the subject, 
eminently qualify him for so responsible a trust. With 
full confidence in the justice of our cause, and in the pro¬ 
bity, intelligence, and uncompromising independence of 
the illustrious arbitrator, we can have nothing to appre¬ 
hend from the result. 

From France, our ancient ally, we have a right to ex¬ 
pect that justice which becomes the sovereign of a pow¬ 
erful, intelligent, and magnanimous people. The benefi¬ 
cial effects produced by the commercial convention of 
1822 limited as are its provisions, are too obvious not to 
make a salutary impression upon the minds of those who 
are charged with the administration of her government. 
Should this result induce a disposition to embrace to their 
full extent the wholesome principles which constitute our 
commercial policy, our minister to that court will be 
found instructed to cherish such a disposition, and to aid 


130 


THE TRUE REPUBLICAN 1, . 


in conducting it to useful practical conclusions. Ths 
claims of our citizens for depredations upon their pro 
perty, long since committed under the authority, and in 
many instances, by the express direction, of the then ex¬ 
isting government of France, remained unsatisfied; and 
must, therefore, continue, to furnish a subject of unplea¬ 
sant discussion, and possible collision, between the two 
governments. I cherish, however, a lively hope, founded 
as well on the validity of those claims, and the established 
policy of all enlightened governments, as on the known 
integrity of the French monarch, that the injurious delays 
of the past will find redress in the equity of the future.— 
Our minister has been instructed to press these demands 
on the French government with all the earnestness which 
is called for by their importance and irrefutable justice; 
and in a spirit that will evince the respect which is due 
to the feelings of those from whom the satisfaction is re¬ 
quired. 

Our minister recently appointed to Spain has been 
authorized to assist in removing evils alike injurious to 
both countries, either by concluding a commercial con¬ 
vention upon liberal and reciprocal terms; or by urging 
the acceptance, in their full extent, of the mutually bene¬ 
ficial provisions of our navigation act. He has also been 
instructed to make a further appeal to the justice of Spain, 
in behalf of our citizens, for indemnity for spoliations 
upon our commerce, committed under her authority—an 
appeal which the pacific and liberal course observed on 
our part, and a due confidence in the honor of that go¬ 
vernment authorized us to expect will not be made in 
vain. 

With other European powers, our intercourse is on the 
most friendly footing. In Russia, placed by her territo¬ 
rial limits, extensive population, and great power, high in 
the rank of nations, the United States have always found 
a steadfast friend. Although her recent invasions of Tur¬ 
key awakened a lively sympathy for those who were ex¬ 
posed to the desolations of war, we cannot hut anticipate 
that the result will prove favorable to the cause of civili¬ 
zation, and to the progress of human happiness. The 
treaty of peace between these powers having been ratified, 


Jackson’s first annual message. 131 

we cannot be insensible to the great benefit to be derived 
ny the commerce of the United States from unlocking tho 
navigation of the Black Sea—a free passage into which 
is secured to all merchant vessels bound to ports of Rus 
sia under a flag at peace with the Porte. This advan¬ 
tage, enjoyed upon conditions, by most of the powers of 
Europe, has hitherto been withheld from us. During 
the past summer, an antecedent but unsuccessful attempt 
to obtain it, was renewed under circumstances which pro¬ 
mised the most favorable results. Although these results 
have fortunately been thus in part attained, further facili¬ 
ties to the enjoyment of this new field for the enterprise 
of our citizens are, in my opinion, sufficiently desirable 
to insure to them our most zealous attention. 

Our trade with Austria, although of secondary import 
ance, has been gradually increasing; and is now so ex¬ 
tended as to deserve the fostering care of the government. 
A negotiation, commenced and nearly completed with 
that power, by the late administration, has been consum¬ 
mated by a treaty of amity, navigation and commerce, 
which will be laid before the Senate. 

During the recess of Congress, our diplomatic relations 
with Portugal have been resumed. The peculiar state 
of things in that country caused a suspension of the 
recognition of the representative who presented himself, 
until an opportunity was had to obtain from our official 
organ there, information regarding the actual, and, as far 
as practicable, prospective condition of the authority by 
which the representative in question was appointed. This 
information being received, the application of the esta¬ 
blished rule of our government, in like cases, was no 
longer withheld. 

Considerable advances have been made during the 
present year in the adjustment of claims of our citizens 
upon Denmark for spoliations ; but all that we have a right 
to demand from that government in their behalf has not 
yet been conceded. From the liberal footing, however, 
upon which this subject has, with the approbation of the 
claimants, been placed by the government, together with 
the uniformly just and friendly disposition which has been 
evinced bv his Danish majesty, there is a reasonable 


132 


THE TRUE REPUBLICAN. 


ground to hope that this single subject of difference will 
speedily be removed. 

Our relations with the Barbary powers continue, as 
they have long been, of the most favorable character. 
The policy of keeping an adequate force in the Mediterra¬ 
nean, as security for the continuance of this tranquillity 
will be persevered in; as well as a similar one for the 
protection of our commerce and fisheries in the Pacific 

The southern republics of our hemisphere have not yet 
realized all the advantages for which they have been so 
long struggling. We trust, however, that the d«ay is not 
distant when the restoration of peace and internal quiet, 
under permanent systems of government, securing the 
liberty, and promoting the happiness of the citizens, will 
crown, with complete success, their long and arduous 
efforts in the cause of self-government; and enable us to 
salute them as friendly rivals in all that is truly great and 
glorious. 

The recent invasion of Mexico, and the effect thereby 
produced upon her domestic policy, must have a control¬ 
ling influence upon the great question of South Ameri¬ 
can emancipation. We have seen the fell spirit of civil 
dissension rebuked, and, perhaps, forever stifled in that 
republic by the love of independence. If it be true, as 
appearances strongly indicate, that the spiiit of indepen¬ 
dence is the master spirit; and if a corresponding senti¬ 
ment prevails in the other states, this devo ion to liberty 
cannot be without a proper effect upon the counsels of 
the mother country. The adoption by Spain of a pacific 
policy towards her former colonies—an event consoling 
to humanity, and a blessing to the world, in which she 
herself cannot fail largely to participate—may be most 
reasonably expected. 

The claims of our citizens upon the South American 
governments generally, are in a train of settlement, while 
the principal part of those upon Brazil have been adjusted; 
and a decree in council, ordering bonds to be issued by 
the minister of the treasury for their amount, has received 
the sanction of his imperial majesty. This event, toge¬ 
ther with the exchange of the ratifications of the treaty 
negotiated and concluded in 1828, happily terminates all 
serious causes of difference with that power 



Jackson’s first annual message. 133 

Measures have been taken to place our commercial re¬ 
lations with Peru upon a better footing than that upon 
which they have hitherto rested ; and if met by a proper 
disposition on the part of that government, important bene¬ 
fits may be secured to both countries. 

Deeply interested as we are in the prosperity of our 
sister republics ; and more particularly in that of our 
immediate neighbor, it would be most gratifying to me 
were 1 permitted to say, that the treatment which we have 
received at her hands has been as universally friendly, as 
the early and constant solicitude manifested by the United 
States for her success, gave us a right to expect. But it 
becomes my duty to inform you that prejudices long in¬ 
dulged by a portion of the inhabitants of Mexico against 
the envoy extraordinary and minister plenipotentiary of 
the United States, have had an unfortunate influence upon 
the affairs of the two countries ; and have diminished that 
usefulness to his own which was justly to be expected 
from his talents and zeal. To this cause in a great de¬ 
gree is to be imputed the failure of several measures 
equally interesting to both parties ; but particularly that 
of the Mexican government to ratify a treaty negotiated 
and concluded in its own capital, and under its own eye. 
Under these circumstances, it appeared expedient to give 
to Mr. Poinsett the option either to return or not, as in 
his judgment the interest of his country might require, 
and instructions to that end were prepared ; but before 
they could be despatched, a communication was received 
from the government of Mexico, through its charge d’af¬ 
faires here, requesting the recall of our minister. This 
was promptly complied with; and a representative of a 
rank corresponding with that of the Mexican diplomatic 
agent near this government was appointed. Our conduct 
towards that republic has been uniformly of the most 
friendly character; and having thus removed the only 
alleged obstacle to harmonious intercourse, I cannot bul 
hope that an advantageous change will occur in our affairs. 

In justice to Mr. Poinsett, it is proper to say, that my 
immediate compliance with the application for his recall, 
and the appointment of a successor, are not to be ascri¬ 
bed to any evidence that the imputation of an improper 
12 


134 


THE TRUE REPUBLICAN. 


interference by him, in the local politics of Mexico, was 
well founded; nor to a want of confidence in his talenta 
or integrity; and to add, that the truth of that charge has 
never been affirmed by the federal government of Mexico, 
in their communications with this. 

I consider it one of the most urgent of my duties to 
bring to your attention the propriety of amending that 
part of our constitution which relates to the election of 
President and Vice-President. Our system of govern¬ 
ment was, by its framers, deemed an experiment; and 
they, therefore, consistently provided a mode of remedy¬ 
ing its defects. 

To the people belongs the right of electing their chief 
magistrate ; it was never designed that their choice should, 
in any case, be defeated, either by the intervention of 
electoral colleges, or by the agency confided, under cer¬ 
tain contingencies, to the House of Representatives. Expe¬ 
rience proves, that, in proportion as agents to execute the 
will of the people are multiplied, there is danger of their 
wishes being frustrated. Some may be unfaithful; all are 
liable to err. So far, therefore, as the people can, with con¬ 
venience, speak, it is safer for them to express their own 
will. 

The number of aspirants to the presidency, and the 
diversity of the interests which may influence their claims, 
leave little reason to expect a choice in the first instance ; 
and, in that event, the election must devolve on the House 
of Representatives, where, it is obvious, the will of the 
people may not be always ascertained ; or, if ascertained, 
may not be regarded. From the mode of voting by states, 
the choice is to be made by twenty-four votes ; and it 
may often occur, that one of those will be controlled by 
an individual representative. Honors and offices are ai 
the disposal of the successful candidate. Repeated bah 
lottings may make it apparent that a single individual 
holds the cast in his hand. May he not be tempted to 
name his reward ? But even without corruption—sup¬ 
posing the probity of the representative to be proof against 
the powerful motives by which it may be assailed—the 
will of the people is still constantly liable to be misrepre¬ 
sented. One may err from ignorance of the wishes of 
his constituents; another, from the conviction that it is 



Jackson’s first annual message. 1H5 

his duty to be governed by his own judgment of die fttness 
of the candidates ; finally, although all were inflexibly 
honest—all accurately informed of the wishes of their 
constituents—yet, under the present mode of election, a 
minority may often elect the President; and wiien this 
happens it may reasonably be expected that efforts will 
be made on the part of the majority to rectify this injuri¬ 
ous operation of their institutions. But although no evil 
of this character should result from such a perversion cf 
the first principles of our system —that the majority is to 
govern —it must be very' certain that a President elected 
by a minority cannot enjoy the confidence necessary to 
the successful discharge of bis duties. 

In this, as in all other matters of public concern, policy 
requires that as few impediments as possible should exist 
to the free operation of the public will. Let us then 
endeavor to so amend our system, that the office of chief 
magistrate may not be conferred upon any citizen, but in 
pursuance of a fair expression of the will of the majority. 

I would therefore recommend such an amendment of 
the constitution as may remove all intermediate agency 
in the election of the President and Vice-President. The 
mode may be so regulated as to preserve to each state its 
present relative weight in the election ; and a failure in 
the first attempt may be provided for, by confiding the 
second to a choice between the two highest candidates. 
In connection with such an amendment, it would seem 
advisable to limit the service of the chief magistrate to a 
single term of either four or six years. If, however, it 
should not be adopted, it is worthy of consideration 
whether a provision disqualifying for office, the represen¬ 
tatives in Congress on whom such an election may have 
devolved, would not be proper. 

While members of Congress can be constitutionally 
apppointed to offices of trust and profit, it will be the 
practice, even under the most conscientious adherence to 
duty, to select them for such stations as they are believed 
to be better qualified to fill than other citizens ; but the 
purity of our government would doubtless be promoted 
by their exclusion from all appointments in the gift of 
the President, in whose election they may have been offi- 


136 


THE TRUE REPUBLICAN. 


cially concerned. The nature of the judicial office, ar.q 
the necessity of securing in the cabinet and diplomatic 
stations of the highest rank, the best talents and political 
experience, should, perhaps, except these from the ex¬ 
clusion. 

There are perhaps few men who can for any great 
length of time enjoy office and power, without being more 
or less under the influence of feelings unfavorable to the 
faithful discharge of their public duties. Their integrity 
may be proof against improper considerations immedi 
ately addressed to themselves ; but they are apt to acquire 
a habit of looking with indifference upon the public in¬ 
terests, and of tolerating conduct from which an unprac¬ 
tised man would revolt. Office is considered as a species 
of property; and government rather as a means of pro¬ 
moting individual interest, than as an instrument created 
solely for the service of the people. Corruption in some, 
and in others a perversion of correct feelings and princi¬ 
ples, divert government from its legitimate ends, and 
make it an engine for the support of the few at the ex¬ 
pense of the many. The duties of all public officers are, 
or at least admit of being made so plain and simple that men 
of intelligence may readily qualify themselves for their 
performance ; and I cannot but believe that more is lost 
by the long continuance of men in office than is generally 
to be gained by their experience. I submit therefore to 
your consideration whether the efficiency of the govern¬ 
ment would not be promoted, and official industry and 
integrity better secured by a general extension of the 
law which limits appointments to four years. 

In a country where offices are created solely for the 
benefit of the people, no one man has any more intrinsic 
right to official station than another. Offices were no* 
established to give support to particular men at the pub¬ 
lic expense. No individual wrong is therefore done by 
removal, since neither appointment to nor continuance in 
office is matter of right. The incumbent became an offi¬ 
cer with a view to the public benefits ; and when these 
require his removal, they are not to be sacrificed to pri¬ 
vate interests. It is the people, and they alone, who have 
a right to complain, when a bad officer is substituted for 


JACKSON S FIRST ANNUAL MESSAGE. 


137 


a good one. He who is removed has the same means of 
obtaining a living that are enjoyed by the millions who 
never held office. The proposed limitation w’ould destroy 
the idea of property, now so generally connected with 
official station; and although individual distress may be 
sometimes produced, it would, by promoting that rotation 
which constitutes a leading principle in the republican 
creed, give healthful action to the system. 

No very considerable change has occurred during the 
recess of Congress, in the condition of either our agri¬ 
culture, commerce, or manufactures. The operation of 
the tariff has not proved so injurious to the two former, 
or as beneficial to the latter, as was anticipated. Importa¬ 
tions of foreign goods have not been sensibly diminished ; 
while domestic competition, under an illusive excitement, 
has increased the production much beyond the demand 
for home consumption. The consequences have been, 
low prices, temporary embarrassment, and partial loss. 
That such of our manufacturing establishments as are 
based upon capital, and are prudently managed, will sur¬ 
vive the shock, and be ultimately profitable, there is no 
good reason to doubt. 

To regulate its conduct, so as to promote equally the 
prosperity of these three cardinal interests, is one of the 
most difficult tasks of government; and it may be regret¬ 
ted that the complicated restrictions which now embarrass 
the intercourse of nations, could not by common consent 
be abolished; and commerce allowed to flow in those 
channels to which individual enterprise, always its surest 
guide, might direct it. But we must ever expect selfish 
legislation in other nations; and are therefore compelled 
to adapt our own to their regulations, in the manner best 
calculated to avoid serious injury, and to harmonize the 
conflicting interests of our agriculture, our commerce, and 
our manufactures. Under these impressions, I invite 
your attention to the existing tariff, believing that some 
of its provisions require modification. 

The general rule to be applied in graduating the duties 
upon the articles of foreign growth or manufacture, is 
that which will place our own in fair competition with 
those of other countries : and the inducements to advance 
12 * 


13S 


THE TREE REPUBLICAN. 


even a step beyond this point, are controlling in regard 
to those articles which are of primary necessity in time 
of war. When we reflect upon the difficulty and delicacy 
of this operation, it is important that it should never be 
attempted but with the utmost caution. Frequent legis¬ 
lation in regard to any branch of industry, affecting its 
value, and by which its capkai may be transferred to new 
channels, must always be productive of hazardous specu¬ 
lation and loss. 

In deliberating, therefore, on these interesting subjects, 
local feelings and prejudices should be merged in the 
patriotic determination to promote the great interests of 
the whole. All the attempts to connect them with the 
party conflicts of the day are necessarily injurious, and 
should be discountenanced. Our action upon them 
should be under the control of higher and purer motives. 
Legislation, subjected to such influence, can never be 
just; and will not long retain the sanction of the people, 
whose active patriotism is not bounded by sectional lim¬ 
its, nor insensible to that spirit of concession and for¬ 
bearance which gave life to our political compact, and 
still sustains it. Discarding all calculations of political 
ascendency, the north, the south, the east, and the west, 
should unite in diminishing any burden, of which either 
may justly complain. 

The agricultural interest of our country is so essen¬ 
tially connected with every other, and so superior in im¬ 
portance to them all, that it is scarcely necessary to invite 
to it your particular attention. It is principally as ma¬ 
nufactures and commerce tend to increase the value of 
agricultural productions, and to extend their application 
to the wants and comforts of society, that they deserve 
the fostering care of government. 

Looking forward to the period, not far distant, when a 
sinking fund will no longer be required, the duties on 
those articles of importation which cannot come in com¬ 
petition with our own productions, are the first that 
should engage the attention of Congress in the modifica¬ 
tion of the tariff. Of these, tea and coffee are the most 
prominent; they enter largely into the consumption of 
the country, and have become articles of necessity to all 


jackson’s first annual message. 


139 


classes. A reduction, therefore, of the existing duties, 
will be felt as a common benefit ; but, like all other legis¬ 
lation connected with commerce, to be efficacious, and 
not injurious, it should be gradual and certain. 

The public prosperity is evinced in the increased reve¬ 
nue arising from the sales of public lands ; and in the 
steady maintenance of that produced by imposts and ton¬ 
nage, notwithstanding the additional duties imposed by 
the act of 19th May, 1828, and the unusual importations 
in the early part of that year. 

The balance in the treasury on the 1st January, 1829, 
was $5,972,435 81. The receipts of the current year 
are estimated at $24,602,230; and the expenditures for 
the same time at $26,164,595. Leaving a balance in the 
treasury, on the 1st of January next, of $4,410,070 81. 

There will have been paid on account of the public 
debt during the present year, the sum of $12,405,005 80; 
reducing the whole debt of the government on the first 
of January next, to $48,565,406 50, including seven 
millions of five per cent, stock subscribed to the Bank 
of the United States. The payment on account of the 
public debt, made on the first of July last, was $8,715,462 
87 cents. It was apprehended that the sudden withdrawal 
of so large a sum from the banks in which it was deposit¬ 
ed, at a time of unusual pressure in the money market, 
might cause much injury to the interests dependent on 
bank accommodations. But this evil was wholly averted 
by an early anticipation of it at the treasury, aided by the 
judicious arrangements of the officers of the Bank of the 
United States. 

The state of the finances exhibits the resources of the 
nation in an aspect highly flattering to its industry, and 
auspicious of the ability of the government, in a very 
short time to extinguish the public debt. When this 
shall be done, our population will be relieved from a con¬ 
siderable portion of its present burdens; and will find 
not only new motives to patriotic affection, but additional 
means for the display of individual enterprise. The fis¬ 
cal power of the states will also be increased ; and may 
be more extensively exerted in favor of education and 
other public objects; while ample means will remain 


140 


THE TRUE REPUBLICAN. 


in the federal government to promote the general weal, m 
all the modes permitted to its authority. 

After the extinction of the public debt, it is not proba« 
ble that any adjustment of the tariff, upon principles 
satisfactory to the people of the Union, will, until a re¬ 
mote period, if ever, leave the government without a 
considerable surplus in the treasury, beyond what may 
be required for its current service. As, then, the period 
approaches when the application of the revenue to pay 
ment of the debt will cease, the disposition of the sui 
plus will present a subject for the serious deliberation oi 
Congress ; and it may be fortunate for the country that 
it is yet to be decided. Considered in connection with 
the difficulties which have heretofore attended appropria¬ 
tions for purposes of internal improvement, and with those 
which this experience tells us will certainly arise, when¬ 
ever power over such subjects may be exercised by the 
general government; it is hoped that it may lead to the 
adoption of some plan which will reconcile the diversi¬ 
fied interests of the states, and strengthen the bonds which 
unite them. Every member of the Union, in peace and 
in war, will be benefitted by the improvement of inland 
navigation, and the construction of highways in the seve¬ 
ral states. Let us then endeavor to attain this benefit in 
a mode that will be satisfactory to all. That hitherto 
adopted has, by many of our fellow-citizens, been depre¬ 
cated as an infraction of the constitution ; while by others 
it has been viewed as inexpedient. All feel that it has been 
employed at the expense of harmony in the legislative 
councils. 

To avoid these evils, it appears to me that the most 
safe, just, and federal disposition which could be made 
of this surplus revenue, would be its apportionment 
among the several states, according to their ratio of re¬ 
presentation ; and should this measure not be found war¬ 
ranted by the constitution, that it would be expedient to 
propose to the states an amendment authorizing it. I 
regard an appeal to the source of power, in all cases of 
real doubt, and where its exercise is deemed advisable to 
the general welfare, as among the most sacred of all our 
obligations. Upon this country, more than any other 


JACKSON^ FIRST ANNUAL MESSAGE. 141 

has, in the Providence of God, been cast the special 
guardianship of the great principle of adherence to writ¬ 
ten constitutions. If it fail here, all hope in regard to it 
will be extinguished. That this was intended to be a 
government of limited and specific, and not general pow¬ 
ers, must be admitted by all; and it is our duty to pre¬ 
serve for it the character intended by its framers. If 
experience points out the necessity for an enlargement 
of these powers, let us apply for it to those for whose 
benefit it is to be exercised ; and not undermine the 
whole system by a resort to overstrained constructions. 
The scheme has worked well. It has exceeded the hopes 
of those who devised it, and become an object of admira¬ 
tion to the world. We are responsible to our country 
and to the glorious cause of self-government, for the 
preservation of so great a good., The great mass of legis¬ 
lation relating to our internal affairs, was intended to be 
left where the federal convention found it—in the state 
governments. Nothing is clearer, in my view, than that 
we are chiefly indebted for the success of the constitution 
under which we are now acting, to the watchful and aux¬ 
iliary operation of the state authorities. This is not the 
reflection of a day, but belongs to the most deeply rooted 
convictions of my mind. I cannot, therefore, too strong¬ 
ly or too earnestly, for my own sense of its importance, 
warn you against all encroachment upon the legitimate 
sphere of state sovereignty. Sustained by its healthful 
and invigorating influence, the federal system can never 
fall. 

In the collection of the revenue, the long credits au¬ 
thorized on goods imported from beyond the Cape of 
Good Hope are the chief cause of the losses at present 
sustained. If these were shortened to six, nine, and 
twelve months, and warehouses provided by government, 
sufficient to receive the goods offered in deposite for se¬ 
curity and for debenture ; and if the right of the United 
States to a priority of payment out of the estates of its 
insolvent debtors was more effectually secured, this evil 
would in a great measure be obviated. An authority t,o 
construct such houses is, therefore, with the proposed 
alteration of the credits, recommended to your attention. 


142 


TIIE TRUE REPUBLICAN. 


It is worthy of notice, that the laws for the collection 
and security of the revenue arising from imposts, were 
chiefly framed when the rates of duties on imported 
goods presented much less temptation for illicit trade 
than at present exists. There is reason to believe that 
these laws are, in some respects, quite insufficient for the 
proper security of the revenue, and the protection of the 
interests of those who are disposed to observe them. The 
injurious and demoralizing tendency of a successful sys¬ 
tem of smuggling is so obvious as not to require com¬ 
ment, and cannot be too carefully guarded against. I 
therefore suggest to Congress the propriety of adopting 
efficient measures to prevent this evil, avoiding, however, 
as much as possible, every unnecessary infringement of 
individual liberty, and embarrassment of fair and lawful 
business. 

On an examination of the records of the treasury, I 
have been forcibly struck with the large amount of pub¬ 
lic money which appears to be outstanding. Of this sum 
thus due from individuals to the government, a conside¬ 
rable portion is undoubtedly desperate; and in many in¬ 
stances, has probably been rendered so by remissness in 
the agents charged with its collection. By proper exer¬ 
tions, a great part, however, may yet be recovered ; and 
whatever may be the portions respectively belonging to 
these two classes, it behoves the government to ascertain 
the real state of the fact. This can be done only by the 
prompt adoption of judicious measures for the collection 
of such as may be made available. It is believed that a 
very large amount has been lost through the inadequacy 
of the means provided for the collection of debts due to 
the public; and that this inadequacy lies chiefly in the 
want of legal skill, habitually and constantly employed 
in the direction of the agents engaged in the service. It 
must, I think, be admitted, that the supervisory power 
over suits brought by the public, which is now vested in 
an accounting officer of the treasury, not selected with a 
view to his legal knowledge, and encumbered as he is 
with numerous other duties, operates unfavorably to tha 
public interest. 

It is important that thU branch of the public service 


Jackson’s first annual message. 


143 


«hould be subject to the supervision of such professional 
skill as will give it efficacy. The expense attendant upon 
such a modification of the executive department, would 
be justified by the soundest principles of economy. I 
would recommend, therefore, that the duties now assigned 
to the agent of the treasury, so far as they relate to the 
superintendence and management of legal proceedings 
on the part of the United States, to be transferred to the 
attorney-general; and that this officer be placed on the 
same footing in all respects, as the heads of the other 
departments—receiving like compensation, and having 
such subordinate officers provided for his department, as 
may be requisite for the discharge of these additional 
duties. The professional skill of the attorney-general, 
employed in directing the conduct of marshals and dis¬ 
trict attorneys, would hasten the collection of debts now 
in suit, and hereafter save much to the government. It 
might be further extended to the superintendence of all 
criminal proceedings forofiences against the United States. 
In making this' transfer, great care should be taken, how¬ 
ever, that the power necessary to the treasury depart¬ 
ment be not impaired ; one of its greatest securities con¬ 
sisting in a control over all accounts until they are audited 
or reported for suit. 

In connexion with the foregoing views, I would sug¬ 
gest, also, an inquiry, whether the provisions of the act 
of Congress, authorizing the discharge of the persons of 
debtors to the government from imprisonment, may not, 
consistently with the public interest, be extended to the 
release of the debt, where the conduct of the debtor is 
wholly exempt from the imputation of fraud. Some more 
liberal policy than that which now prevails in reference 
to this unfortunate class of citizens is certainly due to 
them, and would prove beneficial to the country. The 
continuance of the liability after the means to discharge 
it had been exhausted, can only serve to dispirit the 
debtor; or where hi3 resources are but partial, the want 
of power in the government to compromise and release 
the demand, instigates to fraud, as the only resource for 
securing a support to his family. He thus sinks into a 
state of apathy, or becomes a useless drone in society, 01 


144 


THE TRUE REPUBLICAN. 


a vicious member of it, if not a feeling witness of the ri¬ 
gor and inhumanity of his country. All experience proves 
that an oppressive debt is the bane of enterprise; and it 
should be the care of a republic not to exert a grinding 
power over misfortune and poverty. 

Since the last session of Congress, numerous frauds 
cn the treasury have been discovered, which I thought it 
my duty to bring under the cognizance of the United 
States Court, for this district, by a criminal prosecution. 
It was my opinion, and that of able counsel who were 
consulted, that the cases came within the penalties of the 
act of the 17th Congress, approved 3d March, 1823, pro¬ 
viding for the punishment of frauds committed on the 
government of the United States. Either from some de¬ 
fect in the law or in its administration, every effort to bring 
the accused to trial under its provisions proved ineffectu¬ 
al, and the government was driven to the necessity of 
resorting to the vague and inadequate provisions of the 
common law. It is therefore my duty to call your atten¬ 
tion to the laws which have been passed for the protection 
of the treasury. If, indeed, there is no provision by 
whicii those who may be unworthily intrusted with its 
guardianship, can be punished for the most flagrant vio¬ 
lation of duty, extending even to the most fraudulent 
appropriation of the public funds to their own use, it is 
time to remedy so dangerous an omission. Or, if the 
law has been perverted from its original purposes, and 
criminals deserving to be punished under its provisions, 
have been rescued by legal subtil ties, it ought to be made 
so plain, by amendatory provisions, as to baffle the arts of 
perversion, and accomplish the ends of its original enact¬ 
ment. 

In one of the most flagrant cases, the court decided 
that the prosecution was barred by the statute which limits 
prosecutions for fraud to two years. In this case all the 
evidences of the fraud, and indeed all knowledge that a 
fraud had been committed, were in the possession of the 
party accused, until after the two years had elapsed. 
Surely the statute ought not to run in favor of any man 
while he retains all the evidences of his crime in his own 
possession; add least of all, in favor of a public officer 


Jackson's first annual message. 145 

who continues to defraud the treasury, and conceal the 
transaction for the brief term of two years. I would 
therefore recommend such an alteration of the law as will 
give the injured party and the government two years after 
the disclosure of the fraud, or after the accused is out cf 
office, to commence their prosecution. 

In connection with this subject, I invite the attention 
of Congress to a general and minute inquiry into the 
condition of the government; with a view to ascertain 
what offices can be dispensed with, what expenses re¬ 
trenched, and what improvements may be made in the 
organization of its various parts to secure the proper re¬ 
sponsibility of public agents, and promote efficiency and 
justice in all its operations. 

The report of the Secretary of War will make you 
acquainted with the condition of our army, fortifications, 
arsenals, and Indian affairs. The proper discipline of 
the army, the training and equipment of the militia, the 
education bestowed at West Point, and the accumulation 
of the means of defence, applicable to the naval force, 
will tend to prolong the peace we now enjoy, and which 
every good citizen, more especially those who have felt 
the miseries of even a successful warfare, most ardently 
desire to perpetuate. 

The returns from the subordinate branches of this 
service exhibit a regularity and order highly creditable 
to its character: both officers and soldiers seem imbued 
with a proper sense of duty, and conform to the restraints 
of exact discipline with that cheerfulness which becomes 
the profession of arms. There is need, however, of fur¬ 
ther legislation to obviate the inconveniences specified 
in the report under consideration; to some of which it 
is proper that I should call your particular attention. 

The act of Congress of the 2d March, 1821, to reduce 
and fix the military establishment, remaining unexecuted 
as it regards the command of one of the regiments of 
artillery, cannot now be deemed a guide to the executive 
in making the proper appointment. An explanatory act, 
designating the class of officers out of which this grade 
is to be filled—whether from the military list, as existing 
prior to the act of 1821, or from it, as it has been fixed 
13 


146 


THE TRUE REPUBLICAN. 


by that act—would remove this difficulty. It is also im‘ 
portant that the laws regulating the pay and emoluments 
of the officers generally, should be more specific than 
they now are. Those, for example, in relation to the 
paymaster and surgeon-general, assign to them an annual 
salary of $2,500; but are silent as to allowances which, 
in certain exigencies of the service, may be deemed in¬ 
dispensable to the discharge of their duties. This cir¬ 
cumstance has been the authority for extending to them 
various allowances at different times under former admi¬ 
nistrations ; but no uniform rule has been observed on 
the subject. Similar inconveniences exist in other cases, 
in which the construction put upon the laws by the pub¬ 
lic accountants may operate unequally, produce confu¬ 
sion, and expose officers to the odium of claiming what 
is not their due. 

I recommend to your fostering care, as one of our 
safest means of national defence, the Military Academy. 
This institution has already exercised the happiest influ¬ 
ence upon the moral and intellectual character of our 
army ; and such of the graduates as, from various causes, 
may not pursue the profession of arms, will be scarcely 
less useful as citizens. Their knowledge of the mili¬ 
tary art will be advantageously employed in the militia 
service; and in a measure secure to that class of troops 
the advantages which in this respect belong to standing 
armies. 

I would also suggest a review of the pension law, foi 
the purpose of extending its benefits to every revolution¬ 
ary soldier who aided in establishing our liberties, and 
who is unable to maintain himself in comfort. Those 
relics of the war of independence have strong claims upon 
their country’s gratitude and bounty. The law is de¬ 
fective in not embracing within its provisions all those 
who were during the last war disabled from supporting 
themselves by manual labor. Such an amendment would 
add but little to the amount of pensions, and is called for 
by the sympathies of the people, as well as by considera¬ 
tions of sound policy. It will be perceived that a large 
addition to the list of pensioners has been occasioned by 
an order of the late administration, departing materially 


Jackson’s fiest annual message. 


14? 


fiom the rules which had previously prevailed. Consider¬ 
ing it an act of legislation, I suspended its operation as 
soon as I was informed that it had commenced. .Before 
this period, however, applications under the new regula¬ 
tion had been preferred, to the number of one hundred 
and fifty-four: of which, on the 27th March, the date 
of its revocation, eighty-seven were admitted. For the 
amount there was neither estimate nor appropriation; 
and besides this deficiency, the regular allowances, ac¬ 
cording to the rules which have heretofore governed the 
department, exceed the estimate of its late secretary, by 
about fifty thousand dollars, for which an appropriation is 
asked. 

Your particular attention is requested to that part of 
the report of the Secretary of War which relates to the 
money held in trust for the Seneca tribe of Indians. It 
will be perceived that, without legislative aid, the execu¬ 
tive cannot obviate the embarrassments occasioned by 
the diminution of the dividends on that fund, which ori¬ 
ginally amounted to $100,000, and has recently been 
vested in the United States three per cent, stock. 

The condition and ulterior destiny of the Indian tribes 
within the limits of some of our states, have become ob¬ 
jects of much interest and importance. It has long been 
the policy of government to introduce among them the 
arts of civilization, in the hope of gradually reclaiming 
them from a wandering life. This policy lias, however, 
been coupled with another wholly incompatible with its 
success. Professing a desire to civilize and settle them, 
we have at the same time lost no opportunity to purchase 
their lands, and thrust them further into the wilderness. 
By this means they have not only been kept in a wander¬ 
ing state, but been led to look upon us as unjust and in- 
different to their fate. Thus, though lavish in expendi¬ 
tures upon the subject, government has constantly defeat¬ 
ed its own policy; and the Indians, in general, rece¬ 
ding further and further to the west, have retained their 
savage habits. A portion, however, of the southern 
tribes, having mingled much with the whites, and made 
some progress in the arts of civilized life, have lately at¬ 
tempted to erect an independent government within the 


148 


THE TRUE REPUBLICAN. 


limits of Georgia and Alabama. These states, claiming 
to be the only sovereigns within their territories, extend¬ 
ed their laws over the Indians; which induced the latter 
to call upon the United States for protection. 

Under these circumstances, the question presented was, 
whether the general government had a right to sustain 
those people in their pretensions. The constitution de¬ 
clares, that “ no new state shall be formed or erected 
within the jurisdiction of any other state,” without the 
consent of its legislature. If the general government is 
not permitted to tolerate the erection of a confederate 
state within the territory of one of the members of this 
Union, against her consent, much less could it allow a 
foreign and independent government to establish itself 
there. Georgia became a member of the confederacy 
which eventuated in our federal union, as a sovereign 
state, always asserting her claim to certain limits; which 
having been originally defined in her colonial charter, and 
subsequently recognized in the treaty of peace, she has 
ever since continued to enjoy, except as they have been 
circumscribed by her own voluntary transfer of a portion 
of her territory to the United States, in the articles of 
cession of 1802. Alabama was admitted into the Union 
on the same footing with the original states, with boun- 
daries which were prescribed by Congress. There is no 
constitutional, conventional, or legal provision, which 
allows them less power over the Indians within their bor¬ 
ders, than is possessed by Maine or New York. Would 
the people of Maine permit the Penobscot tribe to erect an 
independent government within their state? and unless 
they did, would it not be the duty of the general govern¬ 
ment to support them in resisting such a measure? 
Would the people of New York permit each remnant of 
the Six Nations within her borders, to declare itself an 
independent people under the protection of the United 
States? Couid the Indians establish a separate republic 
in each of their reservations in Ohio ? and if they were 
so disposed, would it be the duty of this government to 
protect them in the attempt? If the principle involved 
in the obvious answer to these questions be abandoned, 
it will follow that the objects of this government are - * 


Jackson’s first annual message. 149 

versed, and that it has become a part of its duty to aid 
in destroying the states which it was established to pro¬ 
tect. 

Actuated by this view of the subject, I informed the 
Indians inhabiting parts of Georgia and Alabama, that 
their attempt to establish an independent government 
would not be countenanced by the executive of the Uni¬ 
ted States; and advised them to emigrate beyond the 
Mississippi, or submit to the laws of those states. 

Our conduct towards these people is deeply interesting 
to our national character. Their present condition, con¬ 
trasted with what they once were, makes a most powerful 
appeal to our sympathies. Our ancestors found them the 
uncontrolled possessors of these vast regions. By per¬ 
suasion and force they have been made to retire from 
river to river, and from mountain to mountain, until some 
of the tribes have become extinct, and others have left 
but remnants, to preserve, for a while, their once terrible 
names. Surrounded by the whites, with their arts of ci¬ 
vilization, which, by destroying the resources of the sa¬ 
vage, doom him to weakness and decay; the fate of the 
Mohegan, the Narragansett, and the Delaware, is fast 
overtaking the Choctaw, the Cherokee, and the Creek. 
That this fate surely awaits them if they remain within 
the limits of the states, does not admit of a doubt. Hu¬ 
manity and national honor demand that every effort 
should be made to avert so great a calamity. It is too 
late to inquire whether it was just in the United States to 
include them and their territory within the bounds of new 
states whose limits they could control. That step can¬ 
not be retraced. A state cannot be dismembered by 
Congress, or restricted in the exercise of her constitu 
tional power. But the people of those states, and of 
every state, actuated by feelings of justice and a regard 
for our national honor, submit to you the interesting 
question, whether something cannot be done, consistently 
with the rights of the states, to preserve this much inju* 
red race. 

As a means of effecting this end, I suggest for your 
consideration the propriety of setting apart an ample dis¬ 
trict west of the Mississippi, and without the limits of 

13* 


130 


THE TRUE REPUBLICAN. 


an) state or territory now formed, to be guaranteed to tbe 
Indian tribes, as long as they shall occupy it; each tribe 
having a distinct control over the portion designated for 
its use. There they may be secured in the enjoyment 01 
governments of their own choice, subject to no other con¬ 
trol from the United States than such as may be neces¬ 
sary to preserve peace on the frontier, and between trie 
several tribes. There the benevolent may endeavor to 
teach them the arts of civilization; and, by promoting 
union and harmony among them, to raise up an interest¬ 
ing commonwealth, destined to perpetuate the race, and 
to attest the humanity and justice of this government. 

This emigration should be voluntary; for it would be 
as cruel as unjust to compel the aborigines to abandon the 
graves of their fathers, and seek a home in a distant land. 
But they should be distinctly informed that, if they re¬ 
main within the limits of the states, they must be subject 
to their laws. In return for their obedience as individu¬ 
als, they will, without doubt, be protected in the enjoy¬ 
ment of those possessions which they have improved by 
their industry. But it seems to n.e visionary to suppose, 
that in this state of things, claims can be allowed on 
tracts of country on which they have neither dwelt nor 
made improvements, merely because they have seen them 
from the mountain, or passed them in the chase. Sub¬ 
mitting to the laws of the states, and receiving, like 
other citizens, protection in their persons, and propeitv, 
they will ere long become merged in the mass of our 
population. 

The accompanying report of the Secretary of the Navy 
will make you acquainted with the condition and useful 
employment of that branch of our service during the 
present year. Constituting, as it does, the best stand¬ 
ing security of this country against foreign aggression, it 
claims the especial attention of government. In this 
spirit, the measures which, since the termination of the 
last war, have been in operation for its gradual enlarge¬ 
ment were adopted ; and it should continue to be che¬ 
rished as the offspring of our national experience, h 
will be seen, however, that notwithstanding the great so¬ 
licitude which has been manifested for the perfect orga- 


Jackson’s first annual message. 151 

nization of this arm, and the liberality of the appropria¬ 
tions which that solicitude has suggested, this object has 
in many important respects, not been secured. 

In time of peace we have need of no more ships of 
war than are requisite to the protection of our commerce 
Those not wanted for this object, must lay in the harbors, 
where, without proper covering, they rapidly decay ; and 
even under the best precautions for their preservation, 
must soon become useless. Such is already the case with 
many of our finest vessels ; which, though unfinished, will 
now r require immense sums of money to be restored to 
the condition in which they were when committed to their 
proper element. On this subject there can be little doubt 
that our best policy would be to discontinue the building 
of the first and second class, and look rather to the pos¬ 
session of ample materials, prepared for the emergencies 
of war, than to the number of vessels whieh we can float 
in a season of peaee, as the index of our naval power. 
Judicious deposites in the navy-yards, of timber and other 
materials, fashioned under the hands of skilful workmen, 
and fitted for prompt application to their various purposes, 
would enable us, at all times, to construct vessels as fast 
as they can be manned; and save the heavy expense of 
repairs, except to such vessels as must be employed in 
guarding our commerce. The proper points for the esta¬ 
blishments of these yards are indicated with so much 
force in the report of the Navy Board, that, in recom¬ 
mending it to your attention, I deem it unnecessary to do 
more than express my hearty concurrence in their views. 
The yard in this district, being already furnished with 
most of the machinery necessary for ship building, will 
be competent to the supply of the two selected by the 
board as the best for the concentration of materials ; and 
from the facility and certainty of communication between 
them, it will be useless to incur, at those depots, the ex¬ 
pense of similar machinery, especially that used in pre¬ 
paring the usual metallic and wooden furniture of vessels 
Another improvement would be effected by dispensing 
altogether with the Navy Board, as now constituted, and 
suostituting in its stead, bureaus similar to those already 
existing in the War department. Each member of the 


152 


THE TRUE REPUBLICAN. 


board, transferred to the head of a separate bureau charged 
with specific duties, would feel, in its highest degree, that 
wholesome responsibility which cannot be divided without 
a far more proportionate diminution of its force. Their 
valuable services would become still more so when sepa¬ 
rately appropriated to distinct portions of the great inte¬ 
rests of the navy; to the prosperity of which each would 
be impelled to devote himself by the strongest motives. 
Under such an arrangement, every branch of this impor¬ 
tant service would assume a more simple and precise 
character: its efficiency wrnuld be increased, and scrupu¬ 
lous economy in the expenditure of public money pro¬ 
moted. 

I would also recommend that the marine corps be 
merged in the artillery, or infantry, as the best mode of 
euring the many defects in its organization. But little 
exceeding in number any of the regiments of infantry, 
that corps has, besides its lieutenant-colonel commandant, 
five brevet lieutenant-colonels, who receive the full pay 
and emoluments of their brevet rank, without rendering 
proportionate service. Details for marine service could 
as well be made from the artillery or infantry—there being 
no peculiar training requsite for it. 

With these improvements, and such others as zealous 
watchfulness and mature consideration may suggest, there 
can be little doubt that, under an energetic administration 
of its affairs, the navy may soon be made every thing that 
the nation wishes it to be. Its efficiency in the suppres¬ 
sion of piracy in the West India seas, and wherever its 
squadrons have been employed in securing the interests 
of the country, will appear from the report of the secre¬ 
tary to which I refer you, for other interesting details. 
Among these I would bespeak the attention of Congress 
from the views presented in relation to the inequality 
between the army and navy as to the pay of officers. 
No such inequality should prevail between these brave 
defenders of their country; and where it does exist, it is 
submitted to Congress whether it ought not to be recti¬ 
fied. 

The report of the Postmaster-general is referred to as 
exhibiting a highly satisfactory administration of tha- 


Jackson’s first annual message. 


153 


department. Abuses have been reformed ; increased ex¬ 
pedition in the transportation of the mail secured; and 
its revenue much improved. In a political point of view 
this department is chiefly important as affording the means 
of diffusing knowledge. It is to the body politic whav 
the veins and arteries are to the natural—conveying r>* 
pidly and regularly to the remotest parts of the system, 
correct information of the operations of the government; 
and bringing back to it the wishes and feelings of the 
people. Through its agency, we have secured to our¬ 
selves the full enjoyment of the blessings of a free press. 

In this general survey of our affairs, a subject of high 
importance presents itself in the present organization of 
the judiciary. A uniform operation of the federal go¬ 
vernment in the different states is certainly desirable; 
and existing as they do in the Union, on the basis of per¬ 
fect equality, each state has a right to expect that the 
benefits conferred on the citizens of others should be ex¬ 
tended to hers. The judicial system of the United States 
exists in all its efficiency in only fifteen members of the 
Union : to three others, the circuit courts, which consti¬ 
tute an important part of that system, have been imper¬ 
fectly extended; and to the remaining six, altogether de¬ 
nied. The effect has been to withhold from the inhabi¬ 
tants of the latter, the advantages afforded (by the supreme 
court) to their fellow-citizens in other states, in the whole 
extent of the criminal, and much of the civil authority of 
the federal judiciary. That this state of things ought to 
be remedied, if it can be done consistently with the pub¬ 
lic welfare, is not to be doubted: neither is it to be dis¬ 
guised that the organization of our judicial system is 
at once a difficult and delicate task. To extend the 
circuit courts equally throughout the different parts of 
the Union, and at the same time, to avoid such a mul¬ 
tiplication of members as would encumber the supreme 
appellate tribunal, is the object desired. Perhaps it 
might be accomplished by dividing the circuit judges into 
two classes, and providing that the supreme court should 
be held by those classes alternately—the chief justice 
always presiding. 

If an extension of the circuit court system to those 


154 


THE TRUE REPUBLICAN. 


states which do not now enjoy its benefits should be de¬ 
termined upon, it would of course be necessary to revise 
the present arrangements of the circuits ; and even ir that 
system should not be enlarged, such a revision is recom¬ 
mended. 

A provision for taking the census of the people of the 
United States will, to insure the completion of that work 
within a convenient time, claim the early attention of 
Congress. 

The great and constant increase of business in the De¬ 
partment of State forced itself, at an early period, upon 
the attention of the executive. Thirteen years ago, it 
was in Mr. Madison’s last message to Congress maae the 
subject of an earnest recommendation, which has been re¬ 
peated by both of his successors ; and my comparatively 
limited experience has satisfied me of its justness. It 
has arisen from many causes, not the least of wuich is 
the large addition that has been made to the family of in¬ 
dependent nations, and the proportionate extension of our 
foreign relations. The remedy proposed was tue esta¬ 
blishment of a Home Department—a measure which does 
not appear to have met the views of Congress, on account 
of its supposed tendency to increase gradually, and im¬ 
perceptibly, the already too strong bias of the federal 
system towards the exercise of authority not delegated to 
it. I am not, therefore, disposed to revive the recommen¬ 
dation ; but am not the less impressed with the impor¬ 
tance of so organizing that department, that its secretary 
may devote more of his time to our foreign ielations. 
Clearly satisfied that the public good would be promoted 
by some suitable provision on the subject, I respectfully 
invite your attention to it. 

The charter of the Bank of the United States expires 
in 1836, and its stockholders will most probably apply for 
a renewal of their privileges. In order to avoid the evils 
resulting from precipitancy in a measure involving such 
important principles, and such deep pecuniary interests, 
l feel that I cannot, in justice to the parties interested, 
too soon present it to the deliberate consideration of the 
legislature and the people. Both the constitutionality and 
die expediency of the law creating this bank are weh 



Jackson’s first annual message. 


155 


questioned by a large portion of our fellow-citizens ; ant. 
it must be admitted by all, that it has failed in the great 
end of establishing a uniform and sound currency. 

Under these circumstances, if such an institution is 
deemed essential to the fiscal operations of the govern¬ 
ment, I submit to the wisdom of the legislature whether 
a national one, founded upon the credit of the govern¬ 
ment and its revenues, might not be devised, which would 
avoid all constitutional difficulties; and at the same time, 
secure all the advantages to the government and country 
that were expected to result from the present bank. 

I cannot close this communication without bringing to 
your view the just claim of the representatives of Com¬ 
modore Decatur, his officers and crew, arising from the 
re-capture of the frigate Philadelphia, under the heavy 
batteries of Tripoli. Although sensible, as a general rule, 
of the impropriety of executive interference under a gov¬ 
ernment like ours, where every individual enjoys the 
right of directly petitioning Congress ; yet viewing this 
case as one of very peculiar character, 1 deem it my duty 
to recommend it to your favorable consideration. Be¬ 
sides the justice of this claim, as corresponding to those 
which have been since recognized and satisfied, it is the 
fruit of a deed of patriotic and chivalrous daring, which 
infused life and confidence into our infant navy, and con¬ 
tributed, as much as any exploit in its history, to elevate 
our national character. Public gratitude, therefore, 
stamps iier seal upon it; and the meed should not be 
withheld which may hereafter operate 97 a stimulus to 
our gallant tars. 

I now commend you, fellow-citizens, to the guidance 
of Almighty God, with a full reliance on bis merciful 
providence for the maintenance of our free institutions; 
and with an earnest supplication, that whatever errors it 
may be my lot to commit, in discharging th* arduous du 
ties which have devolved on me, wiu find a in 

the harmony and wisdom of your cou Atls. 


156 


THE TRUE REPUBLICAN. 


JACKSON’S FAREWELL ADDRESS. 

Frlloiv Citizens: 

Being about to retire finally from public life, I beg leave 
to offer you my grateful thanks for the many proofs of 
kindness and confidence which I have received at your 
hands. It has been my fortune, in the discharge of public 
duties, civil and military, frequently to have found myself 
in difficult and trying situations, where prompt decision 
and energetic action were necessary, and where the inte¬ 
rests of the country required that high responsibilities 
should be fearlessly encountered ; and it is with the deep¬ 
est emotions of gratitude that I acknowledge the continued 
and unbroken confidence with which you have sustained 
me in every trial. My public life has been a long one, 
and I cannot hope that it has at all times been free from 
errors. 

But I have the consolation of knowing that if mistakes 
have been committed, they have not seriously injured the 
country I so anxiously endeavored to serve ; and at the 
moment when I surrender my last public trust, 1 leave this 
great people prosperous and happy; in the full enjoyment 
of liberty and peace; and honored and respected by every 
nation of the world. 

If my humble efforts have, in any degree, contributed 
to preserve to you these blessings, I have been more than 
rewarded by the honor you have heaped upon me; and, 
above all, by the generous confidence with which you 
have supported me in every peril, and with which you 
have continued to animate and cheer my path to the 
closing hour of my political life. The time has now come, 
when advanced age and a broken frame warn me to re¬ 
tire from public concerns; but the recollection of the 
many favors you have bestowed upon me is engraven 
upon my heart, and I have felt that I could not part from 
your service without making this public acknowledgment 
of the gratitude I owe you. And if I use the occasion to 
offer to you the counsels of age and experience, you will, 
I trust, receive them with the same indulgent kindness 
which you have so often extended to me ; and will, at least, 


Jackson’s farewell address. 


157 


6ec in them an earnest desire to perpetuate, in this favor¬ 
ed land, the blessings of liberty and equal laws. 

We have now lived almost fifty years under the consti¬ 
tution framed by the sages and patriots of the revolution. 
The conflicts in which the nations of Europe were en¬ 
gaged during a great part of this period ; the spirit in 
which they waged war with each other; and our intimate 
commercial connections with every part of the civilized 
world, rendered it a time of much difficulty for the go¬ 
vernment of the United States. We have had our sea¬ 
sons of peace and of war, with all the evils which precede 
or follow a state of hostility with powerful nations. We 
encountered these trials with our constitution yet in its 
infancy, and under the disadvantages which a new and 
untried government must always feel when it is called to 
put forth its whole strength, without the lights of expe¬ 
rience to guide it, or the weight of precedent to justify its 
measures. But we have passed triumphantly through all 
these difficulties. Our constitution is no longer a doubtful 
experiment; and at the end of nearly half a century, we 
find that it has preserved unimpaired the liberties of the 
people, secured the rights of property, and that our coun¬ 
try has improved, and is flourishing beyond any former 
example in the history of nations. 

In our domestic concerns, there is every thing to en¬ 
courage us; and if you are true to yourselves, nothing 
can impede your march to the highest point of national 
prosperity. The states which had so long been retarded 
in their improvement, by the Indian tribes residing in the 
midst of them, are at length relieved from the evil; and 
this unhappy race—the original dwellers in our land—are 
now placed in a situation where we may well hope that 
they will share in the blessings of civilization, and be 
saved from that degradation and destruction to which they 
were rapidly hastening while they remained in the states; 
and while the safety and comfort of our own citizens 
have been greatly promoted by their removal, the philan¬ 
thropist will rejoice that the remnant of that ill-fated race 
has been at length placed beyond the reach of injury or 
oppression, and that the paternal care of the general 
14 


158 


TIIE TRUE REPUBLICAN. 


government will hereafter watch over them and protect 
them 

If we turn to our relations w'ith foreign powers, we 
find our condition equally gratifying. Actuated by the 
sincere desire to do justice to every nation, and to pre¬ 
serve the blessing of peace, our intercourse with them 
has been conducted on the part of this government in 
the spirit of frankness, and I take pleasure in saying that 
it has generally been met in a corresponding temper. 
Difficulties of old standing have been surmounted by 
friendly discussion and the mutual desire to be just; and 
the claims of our citizens, which had been long withheld, 
have at length been acknowledged and adjusted, and satis¬ 
factory arrangements made for their final payment; and 
with a limited, and, I trust, a temporary exception, our 
relations with every foreign power are now of the most 
friendly character, our commerce continually expanding, 
and our flag respected in every quarter of the world. 

These cheering and grateful prospects, and these mul¬ 
tiplied favors, we owe, under Providence, to the adoption 
of the federal constitution. It is no longer a question 
whether this great country can remain happily united, and 
flourish under our present form of government. Expe¬ 
rience, the unerring test of all human undertakings, has 
shown the wisdom and foresight of those who framed it; 
and has proved, that in the union of these states there is 
a sure foundation for the brightest hopes of freedom, and 
for the happiness of the people. At every hazard, and 
by every sacrifice, this union must be preserved. 

The necessity of watching with jealous anxiety for the 
preservation of the union, was earnestly pressed upon his 
fellow-citizens by the father of his country, in his fare¬ 
well address. He has there told us, that “ while expe¬ 
rience shall not have demonstrated its impracticability, 
there will always be reason to distrust the patriotism of 
those who, in any quarter, may endeavor to weaken its 
bonds;” and he has cautioned us in the strongest terms 
against the formation of parties, on geographical discri¬ 
minations, as one of the means which might disturb our 
union, and to which designing men would be likely to 
resort. 


Jackson’s farewell address. 


159 


The lessons contained in this invaluable legacy of 
Washington to his countrymen, should be cherished in 
the heart of every citizen to the latest generation ; and, 
perhaps, at no period of time could they be more usefully 
remembered than at the present moment. For when we 
look upon the scenes that are passing around us, and 
dwell upon the pages of his parting address, his paternal 
counsels would seem to be not merely the offspring of 
wisdom and foresight, but the voice of prophecy foretell¬ 
ing events, and warning us of the evil to come. Forty 
years have passed since this imperishable document was 
given to his countrymen. The federal constitution was 
then regarded by him as an experiment, and he so speaks 
of it in his address; but an experiment upon the success 
of which the best hopes of his country depended, and we 
all know that he was prepared to lay down his life, if 
necessary, to secure to it a full and fair trial. The trial 
has been made. It has succeeded beyond the proudest 
hopes of those who framed it. Every quarter of this 
widely extended nation has felt its blessings, and shared 
in the general prosperity produced by its adoption. But 
amid this general prosperity and splendid success, the 
dangers of which he warned us are becoming every day 
more evident, and the signs of evil are sufficiently appa¬ 
rent to awaken the deepest anxiety in the bosom of the 
patriot. We behold systematic efforts publicly made to 
sow the seeds of discord between different parts of the 
United States, and to place party divisions directly upon 
geographical distinctions; to excite the south against the 
north , and the north against the south , and to force into 
the controversy the most delicate and excited topics upon 
which it is impossible that a large portion of the Union 
can ever speak without strong emotions. Appeals, too, 
are constantly made to sectional interests, in order to in¬ 
fluence the election of the chief magistrate, as if it were 
desired that he should favor a particular quarter of the 
country, instead of fulfilling the duties of his station with 
impartial justice to all; and the possible dissolution of the 
Union has at length become an ordinary and famibar 
subject of discussion. Has the warning voice of Wash 
ington been forgotten ? or have designs already been 


160 


THE TRUE REPUBLICAN, 


formed 10 sever the Union ? Let it not be supposed that 
l impute to all of those who have taken an active part in 
these unwise and unprofitable discussions a want of patri¬ 
otism or of public virtue. The honorable feeling of stale 
pride and local attachments, find a place in the bosoms 
of the most enlightened and pure. But while such men 
are conscious of their own integrity and honesty of pur¬ 
pose, they ought never to forget that the citizens of other 
states are their political brethren ; and that, however mis¬ 
taken they may be in their views, the great body of them 
are equally honest and upright with themselves. Mutual 
suspicions and reproaches may in time create mutual 
hostility, and artful and designing men will always be 
found, who are ready to foment these fatal divisions, and 
to inflame the natural jealousies of different sections of 
the country. The history of the world is full of such 
examples, and especially the history of republics. 

What have you to gain by division and dissention ? 
Delude not yourselves with the belief that a breach once 
made may be afterwards repaired. If the Union is once 
severed, the line of separation will grow wider and wider, 
and the controversies which are now debated and settled 
in the halls of legislation, will then be tried in fields of 
battle, and be determined by the sword. Neither should 
you deceive yourselves with the hope, that the first line 
of separation would be the permanent one, and that no¬ 
thing but harmony and concord would be found in the 
new associations, formed upon the dissolution of this 
Union. Local interests would still be found there, and 
unchastened ambition. And if the recollection of com¬ 
mon dangers, in which the people of these United States 
stood side by side against the common foe ; the memory 
of victories won by their united valor; the prosperity and 
happiness they have enjoyed under the present constitu¬ 
tion ; the proud name they bear as citizens of this great 
republic; if these recollections and proofs of common 
interest are not strong enough to bind us together as one 
people, what tie will hold this Union dissevered? The 
first line of separation would not last for a single genera¬ 
tion ; new fragments would be torn off: new leaders would 
spring up 1 and this great and glorious republic would soon 


Jackson’s farewell address. lGi 

be broken into a multitude of petty states ; armed for 
mutual aggressions ; loaded with taxes to pay armies and 
leaders ; seeking aid against each other from "foreign pow¬ 
ers ; insulted and trampled upon by the nations of Eu¬ 
rope, until harassed with conflicts, and humbled and de¬ 
based in spirit, they would be ready to submit to the 
absolute dommion of any military adventurer, and to sur¬ 
render their liberty for the sake of repose. It is impossi¬ 
ble to look on the consequences that would inevitably 
follow the destruction of this government, and not feel 
indignant when we hear cold calculations about the value 
oi the Union, and have so constantly before us a line of 
conduct so well calculated to weaken its ties. 

There is too much at stake to allow pride or passion 
to influence your decision. Never for a moment believe 
that the great body of the citizens of any state or states 
can deliberately intend to do wrong. They may, under 
the influence of temporary excitement.or misguided opi¬ 
nions, commit mistakes; they may be misled for a time 
by the suggestions of self-interest; but in a community 
so enlightened and patriotic as the people of the United 
States, argument will soon make them sensible of their 
errors ; and when convinced, they will be ready to repair 
them. If they have no higher or better motives to govern 
them, they will at least perceive that their own interest 
requires them to be just to others as they hope to receive 
justice at their hands. 

But in order to maintain the Union unimpaired, it is 
absolutely necessary that the laws passed by the constitu¬ 
ted authorities should be faithfully executed in every part 
of the country, and that every good citizen should, at all 
times, stand ready to put down, with the combined force 
of the nation, every attempt at unlawful resistance, under 
whatever pretext it may be made, or whatever shape it 
may assume. Unconstitutional or oppressive laws may 
no doubt be passed by Congress, either from erroneous 
views or the want of due consideration ; if they are within 
reach of judicial authority, the remedy is easy and peace¬ 
ful ; and if, from the character of the law, it is an abuse 
of power not within the control of the judiciary, then free 
discussion and calm appeals to reason and to the justice 
14 * 


102 


THE TRUE REPUBLICAN. 


of the people, will not fail tc redress the wrong 1 . Bui 
until the law shall be declared void by the courts, or re 
pealed by Congress, no individual or combination of indi 
viduals, can be justified in forcibly resisting its execution 
It is impossible that any government can continue to ex¬ 
ist upon any other principles. It would cease to be a 
government, and be unworthy of the name, if it had not the 
power to enforce the execution of its own laws within its 
own sphere of action. 

It is true that cases maybe imagined disclosing such a 
settled purpose of usurpation and oppression, on the par* 
of the government, as would justify an appeal to arms. 
These, however, are extreme cases, which we have no 
reason to apprehend in a government where the power is 
in the hands of a patriotic people; and no citizen who 
loves his country, would in any case whatever resort to 
forcible resistance, unless he clearly saw that the time had 
come when a freeman should prefer death to submission ; 
for if such a struggle is once begun, and the citizens of 
one section of the country, arrayed in arms against those 
of another, in doubtful conflict, let the battle result as it 
may, there will be an end of the Union, and with it an end 
of the hopes of freedom. The victory of the injured 
would not secure to them the blessings of liberty ; it 
would avenge their wrongs, but they would themselves 
share in the common ruin. 

But the constitution cannot be maintained, nor the 
Union preserved, in opposition to public feeling, by the 
mere exertion of the coercive powers confided to the 
general government. The foundations must be laid in 
the affections of the people ; in the security it gives to 
life, liberty, character, and property, in every quarter of 
the country ; and in the fraternal attachments which the 
citizens of the several states bear to one another, as mem 
hers of one political family, mutually contributing to pro¬ 
mote the happiness of each other. Hence the citizens of 
every state should studiously avoid everything calculated 
to wound the sensibility or offend the just pride of tha 
people of other states ; and they should frown upon any 
proceedings within their own borders likely to disturb the 
tranquillity of their political brethren in other portions of 


JACKSON S FAREWELL ADDRESS. 


163 


the Union. In a country so extensive as the United 
States, anti with pursuits so varied, the internal regula¬ 
tes of the several states must frequently differ from one 
another in important particulars ; and this difference is un¬ 
avoidably increased by the varying principles upon which 
the American colonies were originally planted ; princi¬ 
ples which had taken deep root in their social relations 
before the revolution, and therefore, of necessity, influen¬ 
cing their policy since they became free and independent 
states. But each state has the unquestionable right to 
regulate its own internal concerns according to its 
own pleasure; and while it does not interfere with the 
rights of the people of other states, or the rights of the 
Union, every state must be the sole judge of that measure 
proper to secure the safety of its citizens and promote 
their happiness ; and all efforts on the part of the people 
of other states to cast odium upon their institutions, and 
all measures calculated to disturb their rights of property, 
or to put in jeopardy their peace and internal tranquillity, 
are in direct opposition to the spirit in which the Union 
was formed, and must endanger its safety. Motives of 
philanthropy may be assigned for this unwarrantable in¬ 
terference; and weak men may persuade themselves for 
a moment that they are laboring in the cause of humanity, 
and asserting the rights of the human race; but every 
one, upon sober reflection, will see that nothing but mis¬ 
chief can come from these improper assaults upon the feel¬ 
ings and rights of others. Rest assured, that the men 
found busy in this work of discord are not worthy of your 
confidence, and deserve your strongest reprobation. 

In the legislation of Congress, also, and in every mea¬ 
sure of the general government, justice to every portion 
of the United States should be faithfully observed. No 
free government can stand without virtue in the people, 
and a lofty spirit of patriotism ; and if the sordid feelings 
of mere selfishness shall usurp the place which ought to 
be filled by public spirit, the legislation of Congress will 
soon be converted into a scramble for personal and sec¬ 
tional advantages. Under our free institutions the citi¬ 
zens in every quarter of our country are capable of attain 
mg a high dpgree of prosperity and happiness, withou 


164 


THE TRUE REPUBLICAN 


seeking to profit themselves at the expense of other*-; and 
every such attempt must in the end fail to succeed, for 
the people in every part of the United States are too en¬ 
lightened not to understand their own rights and interests, 
and to detect and defeat every effort to gain undue advan¬ 
tages over them; and when such designs are discovered 
it naturally provokes resentments which cannot be always 
allayed. Justice, full and ample justice, to every portion 
of the United States, should be the ruling principle of 
every freeman, and should guide the deliberations of 
every public body, whether it be state or national. 

It is well known that there have always been those 
among us who wish to enlarge the powers of the general 
government; and experience would seem to indicate that 
there is a tendency on the part of this government to 
overstep the boundaries marked out for it by the consti¬ 
tution. Its legitimate authority is abundantly sufficient 
for all the purposes for which it is created ; and its pow¬ 
ers being expressly enumerated, there can be no justifica¬ 
tion for claiming any thing beyond them. Every attempt 
to exercise power beyond these limits should be promptly 
and firmly opposed. For one evil example will lead to 
other measures still more mischievous ; and if the prin¬ 
ciple of constructive powers, or supposed advantages, or 
temporary circumstances, shall ever be permitted to jus¬ 
tify the assumption of a power not given by the constitu¬ 
tion, the general government will before long absorb all the 
powers of legislation, and you will have in effect, but one 
consolidated government. From the extent of our coun¬ 
try, its diversified interests, different pursuits, and diffe¬ 
rent habits, it is too obvious for argument that a single 
consolidated government would be wholly inadequate to 
watch over and protect its interests ; and every friend ^ f 
our free institutions should be always prepared to main¬ 
tain unimpaired and in full vigor the rights and sove¬ 
reignty of the states, and to confine the action of the 
general government strictly to the sphere of its appropri 
ate duties. 

There is, perhaps, no one of the powers conferred on 
the federal government so liable to abuse as the taxing 
power. The most productive and convenient sources o*' 


Jackson’s farewell address. 165 

revenue were necessarily given to it, that it might perform 
the important duties imposed upon it; and the taxes 
which it lays upon commerce being concealed from the 
real payer in the price of the article, they do not so rea¬ 
dily attract the attention of the people as smaller sums 
demanded from them directly by the tax-gatherer. But 
the tax imposed on goods, enhances by so much the price 
of the commodity to the consumer ; and as many of these 
duties are imposed on articles of necessity which are 
daily used by the great body of the people, the money 
raised by these imposts is drawn from their pockets. Con¬ 
gress has no right under the constitution to take money 
from the people unless it is required to execute some one 
of the specific powers intrusted to the government: and 
if they raise more than is necessary for such purposes, 
it is an abuse of the power of taxation, and unjust and 
oppressive. It may indeed happen that the revenue 
will sometimes exceed the amount anticipated when the 
taxes were laid. When, however, this is ascertained, it 
is easy to reduce them ; and, in such a case, it is unques¬ 
tionably the duty of the government to reduce them, for 
no circumstances can justify it in assuming a power not 
given to it by the constitution, nor in taking away the 
money of the people when it is not needed for the legiti¬ 
mate wants of the government. 

Plain as these principles appear to be, you will find 
that there is a constant effort to induce the general go¬ 
vernment to go beyond the limits of its taxing power, and 
to impose unnecessary burdens upon the people. Many 
powerful interests are continually at work to procure heavy 
duties on commerce, and to swell the revenue beyond 
the real necessities of the public service; and the country 
has already felt the injurious effects of their combined in¬ 
fluence. They succeeded in obtaining a tariff of duties 
bearing most oppressively on the agricultural and laboring 
classes of society, and producing a revenue that could 
not be usefully employed within the range of the powers 
conferred upon Congress; and, in order to fasten upon 
the people this unjust and unequal system of taxation, 
extravagant schemes of internal improvement were got up, 
in various quarters, to squander the money and to pur- 


166 


THE TRUE REPUBLICAN. 


chase support. Thus, one unconstitutional measure wa3 
intended to be upheld by another, and the abuse of the 
power of taxation was to be maintained by usurping the 
power of expending the money in internal improvements. 
You cannot have forgotten the severe and doubtful strug¬ 
gle through which we passed, when the executive depart¬ 
ment of the government, by its veto, endeavored to arrest 
this prodigal scheme of injustice, and to bring back the 
legislation of Congress to the boundaries prescribed by 
the constitution. The good sense and practical judgment 
of the people, when the subject was brought before them, 
sustained the course of the executive ; and this plan of 
unconstitutional expenditure for the purposes of corrupt 
influence is, I trust, finally overthrown. 

The result of this decision has been felt in the rapid 
extinguishment of the public debt, and the large accumu¬ 
lation of a surplus in the treasury, notwithstanding the 
tariff was reduced, and is now far below the amount ori¬ 
ginally contemplated by its advocates. But, rely upon it, 
the design to collect an extravagant revenue, and to bur¬ 
den you with taxes beyond the economical wants of the 
government is not yet abandoned. The various interests 
which have combined together to impose a heavy tariff, 
and to produce an overflowing treasury, are too strong, 
and have too much at stake, to surrender the contest. 
The corporations and wealthy individuals who are en¬ 
gaged in large manufacturing establishments, desire a high 
tariff to increase their gains. Designing politicians will 
support it to conciliate their favor, and to obtain the 
means of profuse expenditure, for the purpose of purcha¬ 
sing influence in other quarters ; and since the people 
have decided that the federal government cannot be per¬ 
mitted to employ its income in internal improvements, 
efforts will be made to seduce and mislead the citizens 
of the several states by holding out to them the deceitful 
prospect of benefits to be derived from a surplus revenue 
collected by the general government, and annually divi¬ 
ded among the states. And if encouraged by these falla¬ 
cious hopes, the states should disregard the principles of 
economy which ought to characterize every republican 
government, and should indulge in lavish expenditures 


jackson’s farewell address. 


107 


exceeding their resources, they will, before long, find 
themselves oppressed with debts which they are unable 
to pay, and the temptation will become irresistible to sup¬ 
port a high tariff, in order to obtain a surplus distribution 
Do not allow yourselves, my fellow-citizens, to be mis 
led on this subject. The federal government cannot col¬ 
lect a surplus for such purposes, without violating the 
principles of the constitution, and assuming powers which 
have not been granted. It is, moreover, a system of in¬ 
justice, and, if persisted in, will inevitably lead to cor¬ 
ruption and must end in ruin. The surplus revenue will 
be drawn from the pockets of the people—from the far¬ 
mer, the mechanic, and the laboring classes of society ; 
but who will receive it when distributed among the states, 
where it is to be disposed of by leading politicians who 
have friends to favor, and political partisans to gratify ? 
It will certainly not be returned to those who paid it, 
and who have most need of it, and are honestly entitled 
to it. There is but one safe rule, and that is, to confine 
the general government rigidly within the sphere of its 
appropriate duties. It has no power to raise a revenue, 
or impose taxes, except for the purposes enumerated in 
the constitution ; and if its income is found to exceed these 
wants, it should be forthwith reduced, and the burdens of 
the people so far lightened. 

In reviewing the conflicts which have taken place be¬ 
tween different interests in the United States, and the 
policy pursued since the adoption of our present form of 
government, we find nothing that has produced such 
deep-seated evil as the course of legislation in relation to 
the currency. The constitution of the United States un¬ 
questionably intended to secure the people a circulating 
medium of gold and silver. But the establishment of a 
national bank by Congress, with the privilege of issuing 
paper money receivable in the payment of the public dues, 
and the unfortunate course of legislation in the several 
states upon the same subject, drove from general circula¬ 
tion the constitutional currency, and substituted one of 
paper in its place. 

It was not easy for men engaged in the ordinary pur¬ 
suits of business, whose attention had not been particu- 


108 


THE TRUE REPUBLICAN. 


larly drawn to the subject, to foresee all the consequence! 
of a currency exclusively of paper: and we ought not, 
on that account, to be surprised at the facility with which 
laws were obtained to carry into effect the paper system 
Ilonest, and even enlightened men are sometimes misled 
by the specious and plausible statements of the designing. 
But experience has now proved the mischiefs and dangers 
of a paper currency, and it rests with you to determine 
whether the proper remedy shall be applied. 

The paper system being founded on public confidence, 
and having of itself no intrinsic value, it is liable to 
great and sudden fluctuations ; thereby rendering pro 
perty insecure, and the wages of labor unsteady and 
uncertain. The corporations which create the paper 
money cannot be relied upon to keep the circulating 
medium uniform in amount. In times of prosperity, 
when confidence is high, they are tempted, by the pros¬ 
pect of gain, or by the influence of those who hope to 
profit by it, to extend their issues of paper beyond the 
bounds of discretion and the reasonable demands of 
business. And when these issues have been pushed on, 
from day to -day, until public confidence is at length 
shaken, then a reaction takes place, and they immedi¬ 
ately withdraw the credits they have given ; suddenly 
curtail their issues; and produce an unexpected and 
ruinous contraction of the circulating medium, which is 
felt by the whole community. The banks, by this means, 
save themselves, and the mischievous consequences of 
their imprudence or cupidity are visited upon the public. 
Nor'does the evil stop here. These ebbs and flows in 
the currency, and these indiscreet extensions of credit, 
naturally engender a spirit of speculation injurious to the 
habits and character of the people. We have already 
seen its effects in the wild spirit of speculation in the 
public lands, and various kinds of stocks, which within 
the last year or two, seized upon subh a multitude of our 
citizens, and threatened to pervade all classes of society, 
and to withdraw their attention from the sober pursuits 
of honest industry. It is not by encouraging this spirit 
that w r e shall best preserve public virtue, and promote 
the true interests of our country. But if your currency 


Jackson’s farewell address. 


189 


continues as exclusively paper as it now is, it will foster 
this eager desire to amass wealth without labor ; it will 
multiply the number of dependents on bank accommo¬ 
dations and bank favors ; the temptations to obtain money 
at any sacrifice will become stronger and stronger, and 
inevitably lead to corruption, which will find its way into 
your public councils, and destroy, at no distant day, the 
purity of your government. Some of the evils which 
arise from this system of paper, press with peculiar hard¬ 
ship upon the class of society least able to bear it. A 
portion of this currency frequently becomes depreciated 
or worthless, and all of it is easily counterfeited, in such 
a manner as to require peculiar skill and much experience 
to distinguish the counterfeit from the genuine notes. 

These frauds are most generally perpetrated in the 
smaller notes, which are used in the daily transactions of 
ordinary business ; and the losses occasioned by them 
are commonly thrown upon the laboring classes of society, 
whose sifuation and pursuits put it out of their power 
to guard themselves from these impositions, and whose 
daily wages are necessary for their subsistence. It is the 
duty of every government so to regulate its currency, as 
to protect this numerous class as far as practicable from 
the impositions of avarice and fraud. It is more espe¬ 
cially the duty of the United States, where the govern¬ 
ment is emphatically the government of the people, and 
where this respectable portion of our citizens are so 
proudly distinguished from the laboring classes of all 
other nations, by their independent spirit, their love of 
liberty, their intelligence, and their high tone of moral 
character. Their industry in peace, is the source of our 
wealth ; and their bravery in war, has covered us with 
glory, and the government of the United States will but 
ill discharge its duties, if it leaves them a prey to such 
dishonest impositions. Yet it is evident that their interests 
cannot be effectually protected, unless silver and gold are 
restored to circulation. 

These views alone, of the paper currency, are sufficient 
to call for immediate reform ; but there is another consi¬ 
deration which should still more strongly press it upon 
your attention. 

15 


170 


THE TRUE REPUBLICAN. 


Recent events have proved that the paper money sys¬ 
tem of this country, may be used as an engine to under¬ 
mine your free institutions ; and that those who desire to 
engross all power in the hands of the few, and to govern 
by corruption or force, are aware of its power, and pre¬ 
pared to employ it. Your banks now furnish your only 
circulating medium, and money is plenty or scarce, ac¬ 
cording to the quantity of notes issued by them. While 
they have capitals not greatly disproportioned to each 
other, they are competitors in business, and no one of 
them can exercise dominion over the rest; and although, 
in the present state of the currency, these banks may 
and do operate injuriously upon the habits of business, 
the pecuniary concerns, and the moral tone of society; 
yet, from their number and dispersed situation, they can¬ 
not combine for the purposes of political influence; and 
whatever may be the dispositions of some of them, their 
power of michief must necessarily be confined to a 
narrow space, and felt only in their immediate neigh¬ 
borhood. 

But when the charter for the Bank of the United 
States was obtained from Congress, it perfected the 
schemes of the paper system, and gave its advocates the 
position they have struggled to obtain, from the com¬ 
mencement of the federal government down to the pre¬ 
sent hour. The immense capital, the peculiar privileges 
bestowed upon it, enabled it to exercise despotic sway 
over the other banks in every part of the country. From 
its superior.strength, it could seriously injure, if not de¬ 
stroy the business of any one of them which might incur 
its resentment; and it openly claimed for itself the power 
of regulating the currency throughout the United States. 
In other words, it asserted (and undoubtedly possessed) 
the power to make money plenty or scarce, at its pleasure, 
at any time, and in any quarter of the Union by con¬ 
trolling the issues of other banks, and permitting an 
expansion, or compelling a general contraction, of the 
circulating medium, according to its own will. The 
other banking institutions were sensible of its strength, 
and they soon generally became its obedient instruments, 
ready at all times, to execute its mandates; and with the 


Jackson’s farewell address. 


171 


banks necessarily went also that numerous class of per 
sons in our commercial cities, who depend altogether on 
bank credits for their solvency and means of business; 
and who are, therefore, obliged, for their own safety, to 
propitiate the favor of the money power by distinguished 
zeal and devotion in its service. The result of the ill- 
advised legislation which established this great monopoly 
was to concentrate the whole moneyed power of the 
Union, with its boundless means of corruption, and its 
numerous dependents, under the direction and command 
of one acknowledged head ; thus organizing this particu¬ 
lar interest as one body, and securing to it unity and 
concert of action throughout the United States, and ena¬ 
bling it to bring forward, upon any occasion, its entire 
and undivided strength to support or defeat, any measure 
of the government. In the hands of this formidable 
power, thus perfectly organized, was also placed unlimited 
dominion over the amount of the circulating medium, 
giving it the power to regulate the value of property and 
the fruit of labor in every quarter of the Union; and to 
bestow prosperity, or bring ruin upon any city or section 
of the country, as might best comport with its own inte¬ 
rest or policy. 

We are not left to conjecture how the moneyed power, 
thus organized, and with such a weapon in its hands, 
would be likely to use it. The distress and alarm which 
pervaded and agitated the whole country, when the Bank 
of the United States waged war upon the people, in order 
to compel them to submit to its demands, cannot yet be 
forgotten. The ruthless and unsparing temper with which 
whole cities and communities were oppressed, individu¬ 
als impoverished and ruined, and a scene of cheerful 
prosperity suddenly changed into one of gloom and 
despondency, ought to be indelibly impressed on the 
memory of the people of the United States, If such 
was its power in a time of peace, what would it not have 
been in a season of war, with an enemy at your doors ? 
No nation but the freemen of the United States could 
have come out victorious from such a contest; yet, if you 
had not conquered, the government would have passed 
from the hands of the many to the hands of the few 


172 


THE TRUE REPUBLICAN. 


and this organized money power, from its secret con 
clave, would have dictated the choice of your highest 
officers, and compelled you to make peace or war, as best 
suited their own wishes. The forms of your govern¬ 
ment might, for a time, have remained; but its living 
spirit would have departed from it. 

The distress and sufferings inflicted on the people by 
the bank, are some of the fruits of that system of policy 
which is continually striving to enlarge the authority of 
the federal government beyond the limits fixed by the 
constitution. The powers enumerated in that instru¬ 
ment do not confer on Congress the right to establish 
such a corporation as the Bank of the United States; 
and the evil consequences which followed may warn us 
of the danger of departing from the true rule of con¬ 
struction, and of permitting temporary circumstances, or 
the hope of better promoting the public welfare, to influ¬ 
ence in any degree our decision upon the extent of the 
authority of the general government. Let us abide by 
the constitution as it is written, or amend it in the con¬ 
stitutional mode if it is.found defective. 

The severe lessons of experience will, I doubt not, be 
sufficient to prevent Congress from again chartering 
such a monopoly, even if the constitution did not pre¬ 
sent an insuperable objection to it. But you must re¬ 
member, my fellow-citizens, that eternal vigilance by the 
people is the price of liberty; and that you must pay the 
price if you wish to secure the blessing. It behoves 
you, therefore, to be watchful in your states, as well as 
in the federal government. The power which the mo¬ 
neyed interest can exercise, when concentrated under a 
single head and with our present system of currency, 
was sufficiently demonstrated in the struggle made by the 
United States Bank. Defeated in the general govern¬ 
ment, the same class of intriguers and politicians will 
now resort to the states, and endeavor to obtain there the 
same organization, which they failed to perpetuate in 
the Union ; and with specious and deceitful plans of pub¬ 
lic advantages, and state interests, and state pride, they 
will endeavor to establish, in the different states, one 
moneyed institution with overgrown capital, and exclu* 


Jackson’s farewell address. 173 

sive privileges sufficient to enable it to control the ope¬ 
rations of other banks. Such an institution will be 
pregnant with the same evils produced by the Bank of 
the United States, although its sphere of action is more 
confined ; and in the state in which it is chartered, the 
money power will be able to embody its whole strength, 
and to move together with undivided force, to accomplish 
any object it may wish to attain. You have already had 
abundant evidence of its powers to inflict injury upon the 
agricultural, mechanical, and laboring classes of society ; 
and over those whose engagements in trade or specula¬ 
tion render them dependent on bank facilities, the domi¬ 
nion of the state monopoly will be absolute, and their 
obedience unlimited. With such a bank and a paper 
currency, the money power would in a few years govern 
the state and control its measures; and if a sufficient 
number of states can be induced to create such estab¬ 
lishments, the time will soon come when it will again take 
the field against the United States, and succeed in per¬ 
fecting and perpetuating its organization by a charter 
from Congress. 

It is one of the serious evils of our present system of 
banking that it enables one class of society—and that by 
no means a numerous one—by its control over the cur¬ 
rency, to act injuriously upon the interests of all the 
others, and to exercise more than its just proportion of 
influence in political affairs. The agricultural, the me¬ 
chanical, and the laboring classes, have little or no share 
in the direction of the great moneyed corporations ; and 
from their habits and the nature of their pursuits, they 
are incapable of forming extensive combinations to act 
together with united force. Such concert of action may 
sometimes be produced in a single city, or in a small dis¬ 
trict of country, by means of personal communications 
with each other; but they have no regular or active cor¬ 
respondence with those who are engaged in similar pur¬ 
suits in distant places ; they have but little patronage to 
give to the press, and exercise but a small share of influ¬ 
ence over it; they have no crowd of dependents about 
them, who hope to grow rich without labor, by their 
countenance and favor, and who are, therefore, always 
15 * 


174 


THE TRUE REPUBLICAN. 


ready to execute their wishes. The planter, the farmer, 
the mechanic, and the laborer, all know that their suc¬ 
cess depends upon their own industry and economy, and 
that they must not expect to become suddenly rich by the 
fruits of their toil. Yet these classes form the great body 
of the people of the United States; they are the bone 
and sinew of the country; men who love liberty, and 
desire nothing but equal rights and equal laws, and who, 
moreover, hold the great mass of our national wealth, al¬ 
though it is distributed in moderate amounts among the 
millions of freemen who possess it. But, with overwhelm- 
ng numbers and wealth on their side, they are in con¬ 
stant danger of losing their fair influence in the govern¬ 
ment, and with difficulty maintain their just rights against 
the incessant efforts daily made to encroach upon them. 

The mischief springs from the power which the mo-- 
neyed interest derives from a paper currency, which they 
are able to control, from the multitude of corporations 
with exclusive privileges, which they have succeeded in 
obtaining in the different states, and which are employed 
altogether for their benefit, and unless you become more 
watchful in your slates, and check this spirit of monopo¬ 
ly and thirst for exclusive privileges, you will, in the end, 
find that the most important powers of government have 
been given or bartered away, and the control over your 
dearest interests has passed into the hands of these cor¬ 
porations. 

The pi.per-moneyed system, and its natural associates, 
monopoly and exclusive privileges, have already struck 
their roots deep in the soil, and it will require all your 
efforts to check its further growth, and to eradicate the 
evil. The men who profit by the abuses, and desire to 
perpetuate them, will continue to besiege the halls of 
legislation in the general government as well as in the 
states, and will seek, by every artifice, to mislead and de¬ 
ceive the public servants. It is to yourselves that you 
must look for safety and the means of guarding and per¬ 
petuating your free institutions. In your hands is right¬ 
fully placed the sovereignty of the country, and to you 
e\ery one placed in authority is ultimately responsible. 
It is always in your power to see that the wishes of the 


Jackson’s farewell address. 


17S 


people are carried into faithful execution, and their will, 
when once made known, must sooner or later be obeyed. 
And while the people remain, as I trust they ever will, 
uncorrupted and incorruptible, and continue watchful and 
jealous of their rights, the government is safe, and the 
cause of freedom will continue to triumph over all its 
enemies. 

But it will require steady and persevering exertions on 
your part to rid yourselves of the iniquities and mischiefs 
of the paper system, and to check the spirit of monopoly 
and other abuses which have sprung up with it, and of" 
which it is the main support. So many interests are uni¬ 
ted to resist all reform on this subject, that you must not 
hope the conflict will be a short one, nor success easy. 
My humble efforts have not been spared, during my ad¬ 
ministration of the government, to restore the constitu¬ 
tional currency of gold and silver; and something, I trust, 
has been done towards the accomplishment of this most 
desirable object. But enough yet remains to require all 
your energy and perseverance. The power, however, is 
in your hands, and the remedy must and will be applied 
if you determine upon it. 

While I am thus endeavoring to press upon your atten¬ 
tion the principles which I deem of vital importance to 
the domestic concerns of the country, I ought not to pass 
over without notice, the important considerations which 
should govern your policy towards foreign powers. It is 
unquestionably our true interest to cultivate the most 
friendly understanding with every nation, and to avoid, 
by every honorable means, the calamities of war; and we 
shall best attain that object by frankness and sincerity in 
our foreign intercourse, by the prompt and faithful exe¬ 
cution of treaties, and by justice and impartiality in our 
conduct to all. But no nation, however desirous of peace, 
can hope to escape collisions with other powers; and 
the soundest dictates of policy require that we should 
place ourselves in a condition to assert our rights, if a 
resort to force should ever become necessary. Our local 
situation, our long line of sea-coast, indented by nume¬ 
rous bays, with deep rivers opening into the interior, as 
well as her extended and still increasing commerce, point 


176 


THE TRUE REPUBLICAN 


to the navy as our natural means of defence. It will, in 
the end, be found to be the cheapest and most effectual; 
and now is the time, in a season of peace, and with an 
overflowing revenue, that we can year after year add to 
its strength, without increasing the burdens of the peo¬ 
ple. It is your true policy. For your navy will not only 
protect your rich and flourishing commerce in distant 
seas, but enable you to reach and annoy the enemy, and 
will give to defence its greatest efficiency, by meeting 
danger at a distance from home. It is impossible by any 
line of fortifications to guard every point from attack 
against a hostile force advancing from the ocean, and se- 
ecting its object; but they are indispensable to prevent 
cities from bombardment; dock-yards and navy arsenals 
from destruction; to give shelter to merchant vessels in 
time of war, and to single ships of weaker squadrons 
when pressed by superior force. Fortifications of this 
description cannot be too soon completed and armed, and 
placed in a condition of the most perfect preparation. 
The abundant means we now possess cannot be applied 
in any manner more useful to the country ; and when this 
is done, and our naval force sufficiently strengthened, and 
our military armed, we need not fear that any nation will 
wantonly insult us, or needlessly provoke hostilities. We 
shall more certainly preserve peace, when it is well un¬ 
derstood that we are prepared for war. 

In presenting to you, my fellow-citizens, these parting 
counsels, I have brought before you the leading principles 
upon which I endeavored to administer the government 
in the high office with which you twice honored me 
Knowing that the path of freedom is continually beset by 
enemies, who often assume the disguise of friends, I have 
devoted the last hours of my public life to warn you of 
the dangers. The progress of the United States, under 
our free and happy institutions, has surpassed the most 
sanguine hopes of the founders of the republic. Out 
growth has been rapid beyond all former example, in 
numbers, in wealth, in knowledge, and all the useful arts 
which contribute to the comforts and convenience of man; 
and from the earliest ages of history to the present day, 
2here never have been thirteen millions of people asso 


-tackson’s farewell address. 177 

ciated together in one political body, who enjoyed so 
much freedom and happiness as the people of these United 
States. You have no longer any cause to fear danger 
from abroad ; your strength and power are well known 
throughout the civilized world, as well as the high and 
gallant bearing of your sons. It is from within, among 
yourselves, from cupidity, from corruption, from disap¬ 
pointed ambition, and inordinate thirst for power, that 
factions will be formed and liberty endangered. It is 
against such designs, whatever disguise the actors may 
assume, that you have especially to guard yourselves. 
You have the highest of human trusts committed to your 
care. Providence has showered on this favored land 
blessings without number, and has chosen you, as the 
guardians of freedom, to preserve it for the benefit of the 
human race. May He, who holds in his hands the desti¬ 
nies of nations, make you worthy of the favors he has 
bestowed, and enable you, with pure hearts, and pure 
hands, and sleepless vigilance, to guard and defend to the 
end of time the great charge he has committed to your 
keeping. 

My own race is nearly run; advanced age and failing 
health warn me that before long I must pass beyond the 
reach of human events, and cease to feel the vicissitudes 
of human affairs. I thank God that my life has been 
spent in a land of liberty, and that he has given me a 
heart to love my country with the affection of a son. And 
filled with gratitude for your constant and unwavering 
kindness, I bid you a last and affectionate farewell- 


178 


THE TRUE REPUBLICAN 


VAN BUREN’S INAUGURAL ADDRESS, 
March 4 , 1837 . 


Fellow-Citizens: 

The practice of all ray predecessors imposes on me an 
obligation I cheerfully fulfil, to accompany the first and 
solemn act of my public trust with an avowal of the prin¬ 
ciples that will guide me in performing it, and an expres¬ 
sion of my feelings on assuming a charge so responsible 
and vast. In imitating their example, I tread in the foot¬ 
steps of illustrious men, whose superiors it is our happi¬ 
ness to believe are not found on the executive calendar of 
any country. Among them we recognize the earliest and 
firmest pillars of the republic; those by whom our na¬ 
tional independence was first declared ; him who, above 
all others, contributed to establish it on the field of battle; 
and those whose expanded intellect and patriotism con¬ 
structed, improved and perfected the inestimable institu¬ 
tions under which we live. If such men, in the position 
I now occupy, felt themselves overwhelmed by a sense 
of gratitude for this, the highest of all marks of their 
country’s confidence, and by a consciousness of their in¬ 
ability adequately to dis-charge the duties of an office so 
difficult and exalted, how much more must these conside¬ 
rations affect one, who can rely on no such claim for fa¬ 
vor or forbearance. Unlike all who have preceded me, 
the revolution that gave us existence as one people, was 
achieved at the period of my birth; and whilst I contem¬ 
plate, with grateful reverence, that memorable event, I 
feel that I belong to a later age, and that I may not ex¬ 
pect my countrymen to weigh my actions with the same 
kind and partial hand. 

So sensibly, fellow-citizens, do these circumstances 
press themselves upon me, that I should not dare to en¬ 
ter upon my path of <^uty, did I not look for the gene¬ 
rous aid of those who will be associated with me in the 
various and co-ordinate branches of the government; did 
l not repose with unwavering reliance on the patriotism, 
the intelligence and the kindness of a people who never 


































































































































* 



























. •* 






N 





van buren’s inaugural address. 


17& 

yet deserted a public servant honestly laboring in their 
cause; and, above all, did I not permit myself humbly to 
hope for the sustaining support of an ever-watchful and 
beneficent Providence. 

To the confidence and consolation deri\ed from these 
sources, it would be ungrateful not to add those which 
spring from our present fortunate condition. Though 
not altogether exempt from embarrassments’that disturb 
our tranquillity at home and threaten it abroad, yet, in all 
the attributes of a great, happy, and flourishing people, 
we stand without a parallel in the world. Abroad, we 
enjoy the respect, and, with scarcely an exception, the 
friendship of every nation ; at home, while our govern¬ 
ment quietly, but efficiently perforins the sole legitimate 
end of political institutions, in doing the greatest good to 
the greatest number, we present an aggregate of human 
prosperity surely not elsewhere to be found. 

H ow imperious, then, is the obligation imposed upon 
every citizen, in his own sphere of action, whether limit¬ 
ed or extended, to exert himself in perpetuating a condi¬ 
tion of things so singularly happy. AH the lessons of 
history and experience must be lost upon us, if we are 
content to trust alone to the peculiar advantages we hap¬ 
pen to possess. Position and climate, and the bounteous 
resources that nature has scattered with so liberal a 
hand—even the diffused intelligence and elevated cha- 
racter of our people—will avail us nothing, if we fail 
sacredly to uphold those political institutions that were 
wisely and deliberately formed, with reference to every 
circumstance that could preserve, or might endanger the 
blessings we enjoy. 'Pile thoughtful framers of our con¬ 
stitution legislated for our country as they found it. Look¬ 
ing upon it with the eyes of statesmen and of patriots, 
they saw all the sources of rapid and wonderful prospe¬ 
rity; but they saw, also, that various habits, opinions, and 
institutions, peculiar to the various portions of so vast a 
region, were deeply fixed. Distinct sovereignties were 
in actual existence, whose cordial union was essential to 
the welfare and happiness of all. Between many of them 
there was, at least to some extent, a real diversity of in¬ 
terests, liable to be exaggerated through sinister designs; 


180 


THE TRUE REPUBLICAN. 


they differed in size, in population, in wealth, and in actual 
and prospective resources and power; they varied in the 
character of their industry and staple productions ; ana 
m some existed domestic institutions, which, unwisely 
disturbed, might endanger the harmony of the whole 
Most carefully were all these circumstances weighed, and 
the foundation of the government laid upon principles of 
mutual concession and equitable compromise. The jea- 
.ousies which the smaller states might entertain of the 
power of the rest, were allayed by a rule of representation, 
confessedly unequal at the time, and designed forever t,o 
remain so. A natural fear that the broad scope of gene¬ 
ral legislation might bear upon and unwisely control par¬ 
ticular interests, was counteracted by limits strictly drawn 
around the action of the federal authority; and to the 
people and the states was left unimpaired their sovereign 
power over the innumerable subjects embraced in the 
internal government of a just republic, excepting such 
only as necessarily appertain to the concerns of the whole 
confederacy, or its intercourse, as a united community, 
with the other nations of the world. 

This provident forecast has been verified by time. 
Half a century, teeming with extraordinary events, and 
elsewhere producing astonishing results, has passed along; 
but on our institutions it has left no injurious mark. From 
a small community, we have risen to a people powerful 
in numbers and in strength ; but with our increase has 
gone hand in hand the progress of just principle ; the 
privileges, civil and religious, of the humblest individual 
are sacredly protected at home : and while the valor and 
fortitude of our people have removed far from us the 
slightest apprehension of foreign power, they have not 
yet induced us, in a single instance, to forget what is 
r ight. Our commerce has been extended to the remotest 
nations ; the value, and even nature of the productions 
has been greatly changed; a wide difference has arisen 
in the relative wealth and resources of every portion of 
our country ; yet the spirit of mutual regard and of faith¬ 
ful adherence to existing compacts, has continued to 
prevail in our councils, and never long been absent from 
our conduct. We have learned by experience a fruitful 


VAN. BUREN S INAUGURAL ADDRESS. 181 

lesson, that an implicit and undeviating adherence to 
the principles on which we set out can carry us prosper¬ 
ously onward through all the conflicts of circumstances, 
and the vicissitudes inseparable from the lapse of years. 
'1 he success that has thus attended our great experi¬ 
ment, is, in itself, sufficient cause for gratitude, on ac¬ 
count of the happiness it has actually conferred, and the 
example it has unanswerably given. But to me, my fel. 
low-citizens, looking forward to the far distant future, 
with ardent prayers and confiding hopes, this retrospect 
presents a ground for still deeper delight. It impresses 
on my mind a firm belief that the perpetuity of our in¬ 
stitutions depends upon themselves; that, if we maintain the 
principles on which they were established, they are des¬ 
tined to confer their benefits on countless generations yet 
to come; and that America will present to every friend of 
mankind the cheering proof, that a popular government, 
wisely formed, is wanting in no element of endurance or 
strength. Fifty years ago its rapid failure was predicted. 
Latent and uncontrollable causes of dissolution were sup¬ 
posed to exist, even by the wise and good; and not only 
did unfriendly or speculative theorists anticipate for us the 
fate of past republics, but the fear of many an honest patriot 
overbalanced his sanguine hopes. Look back on these 
forebodings, not hastily, but reluctantly made, and see 
how, in every instance, they have completely failed. 

An imperfect experience, during the struggles of the re¬ 
volution, was supposed to warrant a belief that the peo¬ 
ple would not bear the taxation requisite to the discharge 
of an immense public debt already incurred, and to de¬ 
fray the necessary expenses of government. The cost of 
two wars has been paid, not only without a murmur, but 
with unequalled alacrity. No one is now left to doubt 
that every burden will be cheerfully borne that may be ne¬ 
cessary to sustain our civil institutions, or guard our ho¬ 
nor or our welfare. Indeed, all experience has shown 
that the willingness of the people to contribute to these 
ends, in cases of emergency, has uniformly outrun the 
confidence of their representatives. 

In the early stages of the new government, when all 
felt the imposing influence, as they recognized the une« 
16 


182 


THE TRUE REPUBLICAN 


quailed services of the first President, it was a common 
sentiment, that the great weight of his character coL.d 
alone bind the discordant materials of our government to¬ 
gether, and save us from the violence of contending fac¬ 
tions. Since his death, nearly forty years are gone. 
Party exasperation has been often carried to its highest 
point; the virtue and fortitude of the people have some¬ 
times been greatly tried; yet our system, purified and en¬ 
hanced in value by all it has encountered, still preserves 
its spirit of free and fearless discussion, blended with un¬ 
impaired fraternal feeling. 

The capacity of the people for self-government, and 
their willingness from a high sense of duty, and without 
those exhibitions of coercive power so generally employ¬ 
ed in other countries, to submit to all needful restraints 
and exactions of the municipal law, have also been favor 
ably exemplified in the history of the American states. 
Occasionally it is true, the ardor of public sentiment, out¬ 
running the regular process of the judicial tribunals, or 
seeking to reach cases not denounced as criminal by the 
existing law, has displayed itself in a manner calculated to 
give pain to the friends of free government, and to en¬ 
courage the hopes of those who wish for its overthrow. 
These occurrences, however, have been less frequent in 
our country than any other of equal population on the 
globe ; and with the diffusion of intelligence, it may well 
be hoped that they will constantly diminish in frequency 
and violence. The generous patriotism and sound com¬ 
mon sense of the great mass of our fellow-citizens, will 
assuredly, in time, produce this result; for as every as¬ 
sumption of illegal power not only wounds the majesty 
of the law, but furnishes a pretext for abridging the libei- 
ties of the people, the latter have the most direct and per¬ 
manent interest in preserving the great landmarks of so¬ 
cial order, and maintaining, on all occasions, the inviola¬ 
bility of those constitutional and legal provisions which 
they themselves have made. 

In a supposed unfitness of our institutions for those 
hostile emergencies which no country can always avoid, 
their friends found a fruitful source of apprehension 


VAN BURFn's INAUGURAL ADDRESS. 183 

taeir enemies of hope. While they forsavv less prompt¬ 
ness of action than in governments differently formed, 
they overlooked the far more important considerations, 
that with us war could never be the result of individual 
or irresponsible will, but must be a measure of redress for 
injuries sustained, voluntarily resorted to by those who 
were to bear the necessary sacrifice, who would conse¬ 
quently feel an individual interest in the contest, and 
whose energy would be commensurate with the difficul¬ 
ties to be encountered. Actual events have proved their 
error : the last war, far from impairing, gave new confi¬ 
dence to our government; and amid recent apprehensions 
of a similar conflict, we saw that the energies of our 
country would not be wanting in ample season to vindi¬ 
cate its rights. We may not possess, as we should not 
desire to possess, the extended and ever ready military 
organization of other nations ; we may occasionally suf¬ 
fer in the outset for the want of it, but, among ourselves, 
all doubt upon this great point has ceased, while a salu¬ 
tary experience will prevent a contrary opinion from in¬ 
viting aggression from abroad. 

Certain danger was foretold from the extension of our 
territory, the multiplication of states, and the increase of 
population. Our system was supposed to be adapted on¬ 
ly to boundaries comparatively narrow. These have been 
widened beyond conjecture ; the members of our confed¬ 
eracy are already doubled; and the numbers of our peo¬ 
ple are incredibly augmented. The alleged causes of 
danger have long surpassed anticipation, but none of the 
consequences have followed. The power and influence 
of the republic have risen to a height obvious to all man¬ 
kind ; respect for its authority was not more apparent at 
its ancient than it is at its present limits; new and inex 
haustible sources of general prosperity have been opened; 
the effects of distance have been averted by the inventive 
genius of our people, developed and fostered by the spirit 
of our institutions; and the large variety and amount of 
interests, productions, and pursuits, have strengthened the 
chain of mutual dependence, and formed a circle of 
mutual benefits, too apparent ever to be overlooked. 


184 


THE TRUE REPUBLICAN. 


In justly balancing the powers of the federal and state 
authorities, difficulties nearly insurmountable arose at the 
outset, and subsequent collisions were deemed inevitable. 
Amid these, it was scarcely believed possible that a 
scheme of government so complex in construction, could 
remain uninjured. From time to time, embarrassments 
have certainly occurred ; but how just is the confidence 
of future safety imparted by the knowledge that each in 
succession has been happily removed. Overlooking par¬ 
tial and temporary evils as inseparable from the practical 
operation of all human institutions, and looking only to 
the general result, every patriot has reason to be satisfied. 
While the federal government has successfully performed 
its appropriate functions in relation to foreign affairs, and 
concerns evidently national, that of every state has re¬ 
markably improved in protecting and developing local 
interests and individual welfare ; and if the vibrations of 
authority have occasionally tended too much towards one 
or other, it is unquestionably certain that the ultimate 
operation of the entire system has been to strengthen all 
the existing institutions, and to elevate our whole country 
in prosperity and renown. 

The last, perhaps the greatest, of the prominent 
sources of discord and disaster supposed to lurk in our 
political condition, was the institution of domestic slavery. 
Our forefathers were deeply impressed with the delicacy 
of this subject, and they treated it with a forbearance so 
evidently wise, that, in spite of every sinister foreboding, 
it never,'until the present period, disturbed the tranquillity 
of our common country. Such a result is sufficient 
evidence of the justice and the patriotism of their course ; 
it is evident not to be mistaken, that an adherence to it 
can prevent all embarrassment from ffiis, as well as every 
other anticipated cause of difficul y or danger. Have 
not recent events made it obvious to the slightest reflec¬ 
tion, that the least deviation from this spirit of forbearance 
is injurious to every interest, that of humanity included? 

Amidst the violence of excited passions, this generous 
and fraternal feeling has been sometimes disregarded ; and 
standing as I now do before my countrymen, in this high 
place of honor and trust, I cannot refrain from anxiously 
invoking my fellow-citizens nevr- io be deaf to its die- 


VAN BUREN’S INAUGURAL ADDRESS. 185 

tales. Perceiving, before my election, the deep interest 
this subject was beginning to excite, I believed it a so¬ 
lemn duty fully to make known my sentiments in regard 
to it ; and now, when every motive for misrepresentation 
has passed away, I trust that they will be candidly weigh¬ 
ed and understood. At least they will be my standard of 
conduct in the path before me. I then declared that, if 
the desire of those of my countrymen who were favorable 
to my election was gratified, “I must go into the presi¬ 
dential chair the inflexible and uncompromising opponent 
of every attempt, on the part of Congress, to abolish sla¬ 
very in the District of Columbia, against the wishes of 
the slaveholding states; and also with a determination 
equally decided to resist the slightest interference with it 
in the states where it exists.” 1 submitted also to my fel¬ 
low-citizens, with fulness and frankness, the reasons which 
led me to this determination. The result authorizes me 
to believe that they have been approved, and are confided 
in by a majority of the people of the United States, in¬ 
cluding those whom they most immediately affect. It 
now only remains to add, that no bill conflicting with 
these views can ever receive my constitutional sanction. 
These opinions have been adopted in the firm belief that 
they are in accordance with the spirit that actuated the 
venerated fathers of the republic, and that succeeding ex¬ 
perience has proved them to be humane, patriotic, expe¬ 
dient, honorable and just. If the agitation of this subject 
was intended to reach the stability of our institutions, 
enough has occurred to show that it has signally failed; 
and that in this, as in every other instance, the apprehen¬ 
sions of the timid and the hopes of the wicked for the 
destruction of our government, are again destined to be 
disappointed. Here and there, indeed, scenes of dan¬ 
gerous excitement have occurred; terrifying instances of 
local violence have been witnessed; and a reckless disre¬ 
gard of the consequences of their conduct has exposed 
individuals to popular indignation; but neither masses of 
the people nor sections of country have swerved from 
their devotion to the bond of union, and the principles ii 
has made sacred- It will be ever thus. Such attempts 
at agitation may periodically return, but with each the 
16 * 


i86 THE TRUE REPUBLICAN. 

object will be better understood. That predominating 
affection for our political system which prevails through¬ 
out our territorial limits; that calm and enlightened judg¬ 
ment which ultimately governs our people as one vast 
body, will always be at hand to resist and control every 
effort, foreign or domestic, which aims or would lead to 
overthrow our institutions. 

What can be more gratifying than such a retrospect as 
this? We look back on obstacles avoided and dangers 
overcome; on expectations more than realized, and pros¬ 
perity perfectly secured. To the hopes of the hostile, 
the fears of the timid, and the doubts of the anxious, 
actual experience has given the conclusive reply. We 
have seen time gradually dispel every unfavorable fore¬ 
boding, and our constitution surmount every adverse cir¬ 
cumstance, dreaded at the outset as beyond control. Pre¬ 
sent excitement will, at all times, magnify present dangers; 
but true philosophy must teach us that none more threat¬ 
ening than the past can remain to be overcome; and we 
ought, for we have just reason, to entertain an abiding 
confidence in the stability of our institutions, and an 
entire conviction that if administered in the true form, 
character and spirit in which they were established, they 
are abundantly adequate to preserve to us and our children 
the rich blessings already derived from them; to make our 
beloved land, for a thousand generations, that chosen spot 
where happiness springs from a perfect equality of politi¬ 
cal rights. 

For myself, therefore, I desire to declare, that the prin¬ 
ciple that will govern me in the high duty to which my 
country calls me, is a strict adherence to the letter and 
spirit of the constitution, as it was designed by those who 
framed it. Looking back to it as a sacred instrument, 
carefully and not easily framed ; remembering that it was 
throughout a work of concession and compromise, view¬ 
ing it as limited to national objects ; regarding .t. as leav 
ing to the people and the states all power not explicitly 
parted with, I shall endeavor to preserve, protect and de 
fend it, by anxiously referring to its provisions for direc. 
tion in every action. To matters of domestic concern 
rnent which it has entrusted to the federal government 



VAN BUREN’s INAUGURAL ADDRESS. 


187 


^nd to such as relate to our intercourse with foreign na¬ 
tions, I shall zealously devote myself; beyond those lim¬ 
its I shall never pass. 

To enter, on this occasion, into a further or more mi* 
nute exposition of my views on the various questions of 
domestic policy, would be as obtrusive as it is probably 
unexpected. Before the suffrages of my countrymen were 
conferred upon me, I submitted to them, with great pre¬ 
cision, my opinions on all the most prominent of these 
subjects. Those opinions I shall endeavor to carry out 
with the utmost ability. 

Our course of foreign policy has been so uniform and 
intelligible, as to constitute a rule of executive conduct 
which leaves little to my discretion, unless, indeed, I were 
willing to run counter to the lights of experience, and the 
known opinions of my constituents. We sedulously 
cultivate the friendship of all nations, as the condition 
most compatible with our welfare, and the principles of 
our government. We decline alliances, as adverse to our 
peace. We desire commercial relations on equal terms, 
being ever willing to give a fair equivalent for advantages 
received. We endeavor to conduct our intercourse with 
openness and sincerity ; promptly avowing our objects, 
and seeking to establish that mutual frankness which is 
as beneficial in the dealings of nations as of men. We 
have no disposition, and we disclaim all right to meddle 
in disputes whether internal or foreign, that may molest 
other countries ; regarding them in their actual state, as 
social communities, and preserving a strict neutrality in 
all their controversies. Well knowing the tried valor of 
our people, and our exhaustless resources, we neither an¬ 
ticipate nor fear any designed aggression ; and in the con¬ 
sciousness of our own just conduct, we feel a security that 
we shall never be called upon to exert our determination, 
never to permit an invasion of our rights, without punish¬ 
ment or redress. 

In approaching, then, in the presence of my assembled 
countrymen, to make the solemn promise that yet remains, 
and to pledge myself that I will faithfully execute the of¬ 
fice I am about to fill, I bring with me a settled purpose 
to maintain the institutions of my country, which, I trust, 
will atone for the errors I commit. 


/ 


188 TIIE TRUE REPUBLICAN. 

in receiving from the people the sacred trust twice con¬ 
fided to my illustrious predecessor, and which he has dis¬ 
charged so faithfully and so well, I know that I cannot ex 
pect to perform the arduous task with equal ability and 
success. But, united as I have been in his counsels, a 
daily witness of his exclusive and unsurpassed devotion 
to his country’s welfare, agreeing with him in sentiments 
which his countrymen have warmly supported, and per¬ 
mitted to partake largely of his confidence, I may hope 
that somewhat of the same cheering approbation will be 
found to attend upon my path. For him, 1 but express, 
with my own, the wishes of all, that he may yet long live 
to enjoy the brilliant evening of his well-spent life, and 
for myself, conscious of but one desire, faithfully to serve 
my country, I throw myself, without fear, on its justice 
and kindness. Beyond that, I only look to the gracious 
protection of that Divine Being whose strengthening sup¬ 
port I humbly solicit, and whom I fervently pray to look 
down upon us all. May it be among the dispensations of 
his providence to bless our beloved country with honors 
and with length of days ; may her ways be ways of plea¬ 
santness, and all her paths be peace. 


VAN BUREN’S FIRST ANNUAL MESSAGE, 
December 4 , 1837 . 


To the Senate , 

and House of Representatives : 

We have reason to renew the expression of our devou* 
gratitude to the Giver of all good for his benign protec¬ 
tion. Our country presents on every side the evidences 
of that continued favor under whose auspices it has 
gradually risen from a few feeble and dependent colo¬ 
nies to a prosperous and powerful confederacy. We are 
blessed with domestic tranquillity and all the elements of 
national prosperity. The pestilence which, invading for 
time some flourishing portions of the Union, interrupted 



VAN BUREN S FIRST ANNUAL MESSAGB 189 

the general prevalence of unusual health, has happily 
been limited in extent, and arrested in its fatal career 
The industry and prudence of our citizens are gradually 
relieving them from the pecuniary embarrassments un¬ 
der which portions of them have labored ; judicious le¬ 
gislation, and the natural and boundless resources of the 
country, have afforded wise and timely aid to private 
enterprise ; and the activity always characteristic of our 
people has already in a great degree resumed its usual 
and profitable channels. 

The condition of our foreign relations has not mate¬ 
rially changed, since the last annual message of my pre¬ 
decessor. We remain in peace with all nations; and no 
efforts on my part, consistent with the preservation of our 
rights and the honor of our country, shall be spared to 
maintain a position so consonant to our institutions. We 
have faithfully sustained the foreign policy with which the 
United States, under the guidance of their first President, 
took their stand in the family of nations—that of regula¬ 
ting their intercourse with other powers by the approved 
principles of private life ; asking and according equal 
rights and equal privileges; rendering and demanding 
justice in all cases ; advancing their own and discussing 
the pretensions of others, with candor, directness and sin¬ 
cerity ; appealing at all times to reason, but never yield¬ 
ing to force, nor seeking to acquire any thing for them¬ 
selves by its exercise. 

A rigid adherence to this policy has left this govern¬ 
ment with scarcely a claim upon its justice, for injuries 
arising from acts committed by its authority. The most 
imposing and perplexing of those of the United States 
upon foreign governments for aggressions upon our citi¬ 
zens, were disposed of by my predecessor. Independent¬ 
ly of the benefits conferred upon our citizens by restoring 
to the mercantile community so many millions of which 
they had been wrongfully divested, a great service was also 
rendered to his country by the satisfactory adjustment of 
so many ancient and irritating subjects of contention; 
and it reflects no ordinary credit on his successful ad¬ 
ministration of public affairs, that this great object was 
accomplished without compromising on any occasion, 
cither the honor or the peace of the nation. 


100 


THE TRUE REPUBLICAN. 


With European powers, no new subjects of difficulty 
have arisen; and those which were under discussion, al¬ 
though not terminated, do not present a more unfavorable 
aspect for the future preservation of that good understand¬ 
ing which it has ever been our desire to cultivate. 

Of pending questions, the most important is that affiich 
exists with the government of Great Britain, in respect to 
our north-eastern boundary. It is with unfeigned regret 
that the people of the United States most look back upon 
the abortive efforts made by the executive, for a period 
of more than half a century, to determine, what no nation 
should suffer long to remain in dispute, the true line 
which divides its possessions from those of other powers 
The nature of the settlement on the borders of the United 
States, and of the neighboring territory, was for a season 
such, that this perhaps was not indispensable to a faith¬ 
ful performance of the duties of the federal government. 

Time has, however, changed this state of things ; and 
has brought about a condition of affairs, in which the 
true interests of both countries imperatively require that 
this question should be put at rest. It is not to be dis¬ 
guised, that with full confidence, often expressed, in the 
desire of the British government to terminate it, we are 
apparently as far from its adjustment as we were at the 
time of signing the treaty of peace in 1783. The sole 
result'of long-pending negotiations, and a perplexing ar¬ 
bitration, appears to be a conviction, on its part, that a 
conventional line must be adopted, from the impossibility 
of ascertaining the true one according to the description 
contained in that treaty. Without coinciding in this opi¬ 
nion, which is not thought to be well founded, my pre¬ 
decessor gave the strongest proof of the earnest desire of 
the United States to terminate satisfactorily this dispute, 
by proposing the substitution of a conventional line, if the 
consent of the states interested in the question could be 
obtained. 

To this proposition, no answer has yet been received. 
The attention of the British government, however, has 
been earnestly invited to the subject, and its reply cannot, 
I am confident, be much longer delayed. The general 
relations between Great Britain and the United States are 


tan buren 7 s first annual message. 


191 


of the most friendly character, and I am well satisfied of 
the sincere disposition of that government to maintain 
them upon their present footing. This disposition ha 9 
also, I am persuaded, become more general with the peo¬ 
ple of England than at any previous period. It is scarcely 
necessary to say to you, how cordially it is reciprocated 
by the government and the people of the United States 
The conviction which must be common to all, of the 
injurious consequences that result from keeping open 
this irritating question, and the certainty that its final 
settlement cannot be much longer deferred, will, I trust, 
lead to an early and satisfactory adjustment. At your 
last session I laid before you the recent communications 
between the two governments and between this govern¬ 
ment and that of the state of Maine, in whose solicitude, 
concerning a subject in which she has so deep an inte¬ 
rest, every portion of the Union participates. 

The feelings produced by a temporary interruption of 
those harmonious relations between France and vhe United 
States, which are due as well to the recollections of for¬ 
mer times as to a correct appreciation of existing inte¬ 
rests, have been happily succeeded by a cordial dispo¬ 
sition on both sides to cultivate an active friendship in 
their future intercourse. The opinion, undoubtedly cor¬ 
rect, and steadily entertained by us, that the commercial 
relations at present existing between the two countries, 
are susceptible of great and reciprocally beneficial im¬ 
provements, is obviously gaining ground in France; and 
l am assured of the disposition of that government F* 
favor the accomplishment of such an object. This dispo 
sition shall be met in a proper spirit on our part. The 
few and comparatively unimportant questions that re¬ 
main to be adjusted between us, can, I have no doubt, be 
settled with entire satisfaction, and without difficulty. 

Between Russia and the United States, sentiments of 
good-will continue to be mutually cherished. Our mi¬ 
nister recently accredited to that court, has been received 
with a frankness and cordiality, and with evidences of 
respect for his country, which leaves us no room to doubt 
the preservation in future of those amicable and liberal 
relations which have so long and so uninterruptedly ex 


192 


THE TRUE REPUBLICAN. 


rsted between the two countries. On the few subjects 
under discussion between us, an earl} 7 ' and just decision 
is confidently anticipated. 

A correspondence has been opened with the govern 
ment of Austria, for the establishment of diplomatic rela¬ 
tions, in conformity with the wishes of Congress, as in¬ 
dicated by an appropriation act of the session of 1837, 
and arrangements made for the purpose, which will be 
duly carried into effect. 

With Austria and Prussia, and with the states of the 
German empire, now composing with the latter the Com¬ 
mercial League, our political relations are of the most 
friendly character, while our commercial intercourse is gra¬ 
dually extending, with benefit to all who are engaged in it. 

Civil war yet rages in Spain, producing intense suffer¬ 
ing to its own people, and to other nations inconvenience 
and regret. Our citizens who have claims upon that 
country will be prejudiced for a time by the condition of 
its treasury, the inevitable consequence of long-continued 
and exhausting internal wars. The last instalment of the 
interest of the debt due under the convention with the 
queen of Spain has not been paid ; and similar failures 
may be expected to happen until a portion of the resources 
of her kingdom can be devoted to the extinguishment of 
its foreign debt. 

Having received satisfactory evidence that discrimina¬ 
ting tonnage duties were charged upon vessels of the Uni¬ 
ted States in the ports of Portugal, a proclamation was 
issued on the 11th day of October last, in compliance 
with the act of May 25th, 1832, declaring that fact, and 
the duties on foreign tonnage, which were levied upon 
Portuguese vessels in the United States, previously to the 
passage of that act, are accordingly revived. • 

The act of July 4th, 1836, suspending the discrimina¬ 
ting duties upon the produce of Portugal imported into 
this country in Portuguese vessels, was passed, upon the 
application of that government, through its representa¬ 
tives here, under the belief that no similar discrimination 
existed in Portugal to the prejudice of the United States. 

[ regret to state that such duties are now exacted in that 


VAN BUREn’s FIRST ANNUAL MESSAGE. 


193 


countiy, upon the cargoes of American vessels; and as 
the act referred to, vests no discretion in the Executive, it 
is for Congress to determine upon the expediency of fur¬ 
ther legislation upon the subject. Against these discri¬ 
minations, affecting the vessels of this country and their 
cargoes, seasonable remonstrance was made, and notice 
" as given to the Portuguese government, that unless they 
should be discontinued, the adoption of countervailing 
measures on the part of the United States would become 
necessary; but the reply of that government received at 
the department of state through our charge d’affaires 
at Lisbon, in the month of September last, afforded no 
ground to hope for the abandonment of a system, so little 
in harmony with the treatment shown to the vessels of 
Portugal and their cargoes, in the ports of this country, 
and so contrary to the expectations we had a right to 
entertain. 

With Holland, Sweden, Denmark, Naples, and Bel¬ 
gium, a friendly intercourse has been uninterruptedly 
maintained. 

With the government of the Ottoman Porte, and its 
dependencies on the coast of the Mediterranean, peace 
and good-will are carefully cultivated, and have been fos¬ 
tered by such good offices as the relative distance and the 
condition of those countries would permit. 

Our commerce with Greece is carried on under the 
laws of the J,wo governments, reciprocally beneficial to 
the navigating interests of both; and I have reason to 
look forward to the adoption of other measures which 
will be more extensively and permanently advantageous. 

Copies of the treaties concluded with the governments 
of Siam and Muscat are transmitted for the information 
of Congress, the ratifications having been received, and 
the treaties made public, since the close of the last an¬ 
nual session. Already have we reason to congratulate 
ourselves on the prospect of considerable commercial 
benefit; and we have, besides, received from the Sultan 
of Muscat, prompt evidence of his desire to cultivate the 
most friendly feelings, by liberal acts towards one of our 
vessels, bestowed in a manner so striking as to require on 
our part a grateful acknowledgment. 

17 


194 


THE TRUE REPUBLICAN. 


Our commerce with the island of Cuba and Porto Rico* 
still labors under heavy restriction, the continuance of 
which is a subject of regret. The only effect of an adherence 
to them will be to benefit the navigation of other coun¬ 
tries, at the expanse both of the United States and Spain. 

The independent nations of this continent have, ever 
since they emerged from the colonial state, experienced 
severe trials in their progress to the permanent establish¬ 
ment of liberal political institutions. Their unsettled 
condition not only interrupts their own advances to pros¬ 
perity, but has often seriously injured the other powers 
of the world. The claims of our citizens upon Peru, 
Chili, Brazil, the Argentine Republic, the governments 
formed out of the republics of Colombia and Ptfexico, 
are still pending, although many of them have been pre¬ 
sented for examinations more than twenty years. New 
Grenada, Venezuela, and Ecuador, have recently formed 
a convention for the purpose of ascertaining and adjusting 
the claims upon the republic of Colombia, from which it 
is earnestly hoped our citizens will, ere long, receive full 
compensation for the injuries originally inflicted upon them, 
and for the delay in affording it. 

An advantageous treaty of commerce has been concluded 
by the United States with the Peru-Bolivian Confedera¬ 
tion, which wants only the ratification of that government. 
The progress of a subsequent negotiation for the settle¬ 
ment of claims upon Peru, has been unfavorably affected 
by the war between that power and Chili, and the Argen¬ 
tine Republic; and the same event is likely to produce 
delays in the settlement of our demands on those powers. 

The aggravating circumstances connected with our 
claims upon Mexico, and a variety of events touching 
-fte honor and integrity of our government, led my pre¬ 
decessor to make, at the second session of the last Con¬ 
gress, a special recommendation of the course to be pur¬ 
sued to obtain a speedy and final satisfaction of the 
njuries complained of by this government and by oui 
dtizens. He recommended a final demand of redress with 
a contingent authority to the Executive to make reprisals, if 
that demand should be made in vain. From the proceed 
bigs of Congress on that recommendation, it appeared 
ill? the opinion of both branches of the legislature coin: 


VAN BUREn’s FIRST ANNUAL MESSAGE. 


195 


ciJed with that of the Executive, that any mode of re¬ 
dress known to the law of nations might justifiably be used. 
It was obvious, too, that Congress believed, with the 
President, that another demand should be made, in order 
to give undeniable and satisfactory proof of our desire to 
avoid extremities with a neighboring power ; but that 
there was an indisposition to vest a discretionary authori¬ 
ty in the Executive to take redress, should it unfortunate¬ 
ly be either denied or unreasonably delayed by the Mexi¬ 
can government. 

So soon as the necessary documents were prepared, af¬ 
ter entering upon the duties of my office, a special mes¬ 
senger was sent to Mexico, to make a final demand of re¬ 
dress, with the documents required by the provisions of 
our treaty. The demand was made on the 20lh of July 
last. The reply, which bears date the 29th of the same 
month, contains assurances of a desire, on the part of 
that government, to give a prompt and explicit answer re¬ 
specting eacli of the complaints, but that the examination 
of them would necessarily be deliberate ; that in this ex • 
animation it would be guided by the principles of public 
law and the obligation of treaties : that nothing should be 
left undone that might lead to the most equitable adjust¬ 
ment of our demands ; and that its determination, in re 
spent to each case, should be communicated through the 
Mexican minister here. 

Since that time, an envoy extraordinary and minister 
plenipotentiary has been accredited to this government 
by ‘hat of the Mexican republic, lie brought with him 
assurances of a sincere desire that the pending differences 
between the two governments should be terminated in a 
manner satisfactory to both. He was received with re¬ 
ciprocal assurances, and a hope was entertained that his 
mission would lead to a speedy, satisfactory, and final ad¬ 
justment of all existing subjects of complaint. A sin¬ 
cere believer in the wisdom of the pacific policy by which 
the United States have always been governed in their 
intercourse with foreign nations, it was my particular 
desire, from the proximity of the Mexican republic, and 
well known occurrences on our frontier, to be instrumen¬ 
tal in obviating all existing difficulties with that govern¬ 
ment, and in restoring to the intercourse between the two 


196 


THE TRUE REPUBLICAN. 


republics, that liberal and friendly character by which 
they should always be distinguished. I regret, therefore, 
the more deeply, to have found in the recent communica 
tions of that government, so little reason to hope that any 
efforts of mine for the accomplishment of those desirable 
objects would be successful. 

Although the larger number, and many of them aggra¬ 
vated cases of personal wrongs have been now for years 
before the Mexican government, and some of the causes 
of national complaint, and those of the most offensive cha¬ 
racter, admitted of immediate, simple and satisfactory re¬ 
plies, it is only within a few days past that any specific 
communication in answer to our last demand, made five 
months ago, has been received from the Mexican minister. 
By the report of the secretary of state, herewith presented, 
and the accompanying documents, it will be seen, that 
for not one of our public complaints has satisfaction been 
given or offered ; that but one of the causes of personal 
wrong has been favorably considered; and that but four 
cases of both descriptions, out of all those formally j re¬ 
sented, and earnestly pressed, have as yet been decided 
upon by the Mexican government. 

Not perceiving in what manner any of the powers 
given to the Executive alone, could be further usefully em¬ 
ployed in bringing this unfortunate controversy to a satis¬ 
factory termination, the subject was, by my predecessor, 
referred to Congress, as one calling for its interposition 
In accordance with the clearly understood wishes of the 
legislature, another and formal demand for satisfaction has 
been made upon the Mexican government, with what suc¬ 
cess the documents now communicated will show. On 
a careful and deliberate examination of their contents, and 
considering the spirit manifested by the Mexican govern¬ 
ment, it has become my painful duty to return the sub¬ 
ject, as it now stands, to Congress, to whom it belongs 
to decide upon the time, the mode, and the measures of 
redress. Whatever may be your decision, it shall be 
faithfully executed, confident that it will be characterized 
by that moderation and justice which will, 1 trust, under 
all circumstances, govern the councils of our country. 

The balance in the treasury on the first day of January, 
J837, was forty-five millions nine hundred and sixty-eight 



VAN BOREN S FIRST ANNUAL MESSAGE. 197 

thousand five hundred and twenty-three dollars. The 
receipts during the present year from all sources, inclu¬ 
ding the amount of treasury notes issued, are estimated 
at twenty-three millions four hundred and ninety-nine 
thousand nine hundred and eighty-one dollars, constitu¬ 
ting an aggregate of sixty-nine millions four hundred and 
sixth-eight thousand five hundred and four dollars. Of 
this amount, about thirty-five millions two hundred and 
eighty-one thousand three hundred and sixty-one dollars 
will have been expended, at the end of the year, on appro¬ 
priations made by Congress , and the residue, amounting 
to thirty-four millions one hundred and eighty-seven thou¬ 
sand one hundred and forty-three dollars, will be the 
nominal balance in the treasury on the first of January next. 
But of that sum, only one million eighty-five thousand foui 
hundred and ninety-eight dollars is considered as imme¬ 
diately available for, and applicable to, public purposes. 

Those portions of it which will be for some time una¬ 
vailable, consist chiefly of sums deposited with the states, 
and due from the former deposit banks. The details 
upon this subject will be found in the annual report of 
the secretary of the treasury. ’The amount of treasury 
notes which it will be necessary to issue during the year 
on account cf those funds being unavailable, will, it is 
supposed, not exceed four and a half millions. It seemed 
proper in the condition of the country, to have the esti¬ 
mates on all subjects made as low as practicable, without 
prejudice to any great public measures. The departments 
were, therefore, desired to prepare their estimates accord¬ 
ingly ; and I am happy to find that they have been able 
to graduate them on so economical a scale. 

In the great and often unexpected fluctuations to 
which the revenue is subjected, it is not possible to com 
pute the receipts beforehand with great certainty; but 
should they not differ essentially from present anticipa¬ 
tions, and should the appropriations not much exceed the 
estimates, no difficulty seems likely to happen in defrav- 
.ng the current expenses with promptitude and fidelity 

Notwithstanding the great embarrassments which have 
recently occurred in commercial affairs, and the liberal 
indulgence which, in consequence of those embarrass- 


198 


THE TRUE REPUBLICAN. 


ments, has been extended to both the merchants and the 
banks, it is gratifying to be able to anticipate that the 
treasury notes, which have been issued during the present 
year will be redeemed, and that the resources of the trea¬ 
sury, without any resort to loans or increased taxes, will 
prove ample for defraying all charges imposed on it du¬ 
ring 1838. 

The report of the secretary of the treasury will afford 
you a more minute exposition of all matters connected 
with the administration of the finances during the current 
year; a period which, for the amount of public moneys 
disbursed and deposited with the states, as well as the 
financial difficulties encountered and overcome, has few 
parallels in our history. 

Your attention was, at the last session, invited to the 
necessity of additional legislative provisions in respect 
to the collection, safe-keeping, and transfer of the public 
money. No law having been then matured, and not un¬ 
derstanding the proceedings of Congress as intended to 
be final, it becomes my duty again to bring the subject to 
your notice. 

On that occasion, three modes of performing this 
branch of the public service were presented for conside¬ 
ration. These were, the creation of a national bank; 
the revival, with modifications, of the deposit system esta¬ 
blished by the act of the 23d June, 1830, permitting the 
use of the public moneys by the banks ; and the discon¬ 
tinuance of the use of such institutions for the purposes 
referred to, with suitable provisions for their accomplish¬ 
ment through the agency of public officers. Considering 
the opinions of both houses of Congress on the two first 
propositions as expressed in the negative, in which I en¬ 
tirely concur, it is unnecessary for me aga ; n to recur to them. 
In respect to the last, you have had an jpportunity, since 
youi adjournment, not only to test still further the expedi¬ 
ency of the measure, by the continued practical operation 
of such parts of it as are now in force, but also to discover 
■—what should ever be sought for and regarded with the 
utmost deference—the opinions and wishes of the people. 

The national will is the supreme law of the republic, 
and on all subjects within the limits of its constitutional 


VAN BUREn’s FIRST ANNUAL MESSAGE. 199 

powers, should be faithfully obeyed by the public servant, 
{Since the measure in question was submitted to your con¬ 
sideration, most of you have enjoyed the advantage of 
personal communication with your constituents. For one 
state only has an election been held for the federal go¬ 
vernment; but the early day at which it took place, de¬ 
prives the measure under consideration of much of the 
support it might otherwise have derived from the result. 
Local elections for state officers have, however, been held 
in several of the states, at which the expediency of the 
plan proposed by the executive has been more or less dis¬ 
cussed. You will, I am confident, yield to their results 
the respect due to every expression of the public voice. 
Desiring, however, to arrive at truth and a just view of 
the subject in all its bearings, you will at the same time 
remember, that questions of far deeper and more imme¬ 
diate local interest than the fiscal plans of the national 
treasury were involved in those elections. 

Above all, we cannot overlook the striking fact, that 
there were, at the time, in those states, more than one 
hundred and sixty millions of bank capital, of which large, 
portions were subject to actual forfeiture—other large 
portions upheld only by special and- limited legislative 
indulgences—and most of it, if not all, to a greater or 
less extent, dependent for a continuance of its corporate 
existence upon the will of the state legislatures to be then 
chosen. Apprised of this circumstance, you will judge 
whether it is not most probable that the peculiar condi¬ 
tion of that vast interest in these respects, the extent to 
which it has been spread through all the ramifications of 
society, its direct connection with the then pending elec¬ 
tions, and the feelings it was calculated to infuse into 
the canvass, have not exercised a far greater influence 
over the result than any which could possibly have been 
produced by a conflict of opinion in respect to a ques¬ 
tion in the administration of the general governm3nt, 
more remote and far less important in its bearing upon that 
interest. 

I have found no reason to change my own opinion as to 
me expediency of adopting the system proposed, being per¬ 
fectly satisfied that there will be neither stability nor safe- 


200 


THE TRUE REPUBLICAN. 


ty, either in the fiscal affairs of the government, or in the 
pecuniary transactions of individuals and corporations, 
so long as a connection exists between them, which, like 
the past, offers such strong inducements to make them 
the subjects of political agitation. Indeed, I am more 
than ever convinced of the dangers to which the free and 
unbiassed exercise of political opinion-—the only sure 
foundation and safeguard of republican government— 
would be exposed by any further increase of the already 
overgrown influence of corporate authorities—-J cannot, 
therefore, consistently with my views of duty, advise a 
renewal of a connection which circumstances have dis¬ 
solved. 

The discontinuance of the use of state banks for fiscal 
purposes ought not to be regarded as a measure of hosti¬ 
lity towards these institutions. Banks properly establish¬ 
ed and conducted, are highly useful to the business of the 
country, and doubtless will continue to exist in the states 
so long as they conform to their laws, and are found to 
be safe and beneficial. How they should be created, 
what privileges they should enjoy, under what responsi¬ 
bilities they should act, and to what restrictions they 
should be subject, are questions which, as I observed on 
a previous occasion, belong to the states to decide. Upon 
their rights, or the exercise of them, the general govern¬ 
ment can have no motive to encroach. Its duty toward 
them is well performed, when it refrains from legislating 
for their special benefit, because such legislation would 
violate the spirit of the constitution, and be unjust to other 
interests; when it takes no steps to impair their useful¬ 
ness, but so manages its own affairs as to make it the 
interest of those institutions to strengthen and improve 
their condition for the security and welfare of the com¬ 
munity at large. They have no right to insist on a 
connection with the federal government, nor on the use 
of the public money for their own benefit. 

The object of the measure under consideration is, to 
avoid for the future a compulsory connection of this kind. 
It proposes to place the general government, in regard to 
the essential points of the collection, safe-keeping ana 
transfer of the public money, in a situation which sitodi 


VAX buren’s first annual message. 203 

relieve it from all dependence on the will of irresponsible 
individuals or corporations; to withdraw those moneys 
from the uses of private trade, and confine them to agents 
constitutionally selected and controlled by law ; to abstain 
from improper interference with the industry of the peo¬ 
ple, and withhold inducements to improvident dealings 
on the part of individuals; to give stability to the con¬ 
cerns of the treasury; to preserve the measures of the 
government from the unavoidable reproaches that flow 
from such a connection, and the banks themselves from 
the injurious effects of a supposed participation in the 
political conflicts of the day, from which they will other¬ 
wise find it difficult to escape. 

These are my views upon this important subject; form¬ 
ed after careful reflection, and with no desire but to arrive 
at what is most likely to promote the public interest. 
They are now, as they were before, submitted with an 
unfeigned deference for the opinions of others. It was 
hardly to be hoped that changes so important, on a sub¬ 
ject so interesting, could be made without producing a 
serious diversity of opinion; but so long as those con¬ 
flicting views are kept above the influence of individual 
or local interests; so long as they pursue only the gene¬ 
ral good, and are discussed with moderation and candor, 
such diversity is a benefit, not an injury. If a majority 
of Congress see the public welfare in a different light; 
and more especially if they should be satisfied that the 
measure proposed would not be acceptable to the people; 
I shall look to their wisdom to substitute such as may be 
more conducive to the one, and more satisfactory to the 
other. In any event, they may confidently rely on my 
hearty co-operation to the fullest extent which my views 
of the constitution and my sense of duty will permit. 

It is obviously important to this branch of the public 
service, and to the business and quiet of the country, that 
the whole subject should in some way be settled and regu¬ 
lated by law; and, if possible, at your present session. 
Besides the plan above referred to, I am not aware that 
any one has been suggested, except that of keeping the 
public money in the state banks, in special deposit. This 
plan is, to some extent, in accordance with the practics 


THE TRUE REPUBLICAN. 


2 m 

of the government, and which, except, perhaps during the 
operation of the late deposit act, has always been allowed, 
even during the existence of a national bank, to make a 
temporary use of the state banks, in particular places, for 
the safe-keeping of portions of the revenue. 

This discretionary power might be continued, if Con¬ 
gress deem it desirable, whatever general system may be 
adopted. So long as the connection is voluntary, we need 
perhaps anticipate few of those difficulties, and little ol 
that dependence on the batiks, which must attend every 
such connection when compulsory in its nature, and when 
so arranged as to make the banks a fixed part of the 
machinery of government. It is undoubtedly in the pow¬ 
er of Congress so to regulate and guard it as to prevent 
the public money from being applied to the use, or inter¬ 
mingled with the affairs, of individuals. Thus arranged, 
although it would not give to the government that control 
over its own funds which I desire to secure to it by the 
plan i have proposed, it would, it must be admitted, in 
a great degree, accomplish one of the objects which 
has recommended that plan to my judgment—the sepa¬ 
ration of the fiscal concerns of the government from those 
of individuals or corporations. 

With these observations, I recommend the whole mat¬ 
ter to your dispassionate reflection; confidently hoping 
that some conclusion may be reached by your- delibera¬ 
tions, which, on the one hand, shall give stability to the 
fiscal operations of the government, and be consistent, 
on the other, with the genius of our institutions, and with 
the interests and wishes of the great mass of our con¬ 
stituents. 

It was my hope that nothing would occur to make ne¬ 
cessary, on this occasion, any allusion to the late national 
bank. There are circumstances, however, connected 
with the present state of its affairs, that bear so directly on 
the character of the government and the welfare of the 
citizen, that I should not feel myself excused in neglect 
ing to notice them. The charier which terminated its 
banking privileges on the fourth of March, 1836, con¬ 
tinued its corporate powers two years more, for the 
«ole purpose of closing its affairs, with authority «* to 


VAN BC/REN’S FIRST ANNUAL MESSAGE. 


203 


use the corporate name, style and capacity, for the pur 
pose of suits, for a final settlement and liquidation of the 
affairs and acts of the corporation, and for the sale and 
disposition of their estate, real, personal and mixed, but 
for no other purpose or in any other manner whatsoever.” 
Just before the banking privileges ceased, its effects were 
transferred by the bank to a new state institution, then 
recently incorporated, in trust, for the discharge of its 
debts and the settlement of its affairs. 

With this trustee, by authority of Congress, an adjust¬ 
ment was subsequently made of the large interest which 
the government had in the stock of the institution. The 
manner in which a trust unexpectedly created upon the 
act granting the charter, and involving such great public 
interests, has been executed, would, under any circum¬ 
stance, be a fit subject of inquiry ; but much more does it 
deserve your attention when it embraces the redemption 
of obligations to which the authority and credit of the 
United States have given value. The two years allowed 
are now nearly at an end. It is well understood that the 
trustee has not redeemed and cancelled the outstanding 
notes of the bank, but has re-issued, and is continually re¬ 
issuing, since the 3d of March, 1836, the notes which 
have been received by it to a vast amount. 

According to its own official statement, so late as the 
first of October last, nineteen months after the hanking 
privileges given by the charter had expired, it had under 
its control uncancelled notes of the late bank of the United 
States to the amount of twenty-seven millions five hun¬ 
dred and sixty-one thousand eight hundred and sixty-six 
dollars, of which six millions one hundred and seventy- 
five thousand eight hundred and sixtv-one dollars were in 
actual circulation, one million four hundred and sixty- 
eight thousand six hundred and twenty seven dollars at 
state hank agencies, and three millions two thousand three 
hundred and ninety dollars in transitu: thus showing that 
upwards of ten millions and a half of the notes of the old 
bank were then still kept outstanding. 

The impropriety of this procedure is obvious; it being 
the duty of the trustee to cancel and not to put forth the 
notes of an institution, whose concerns it had undertaken 


204 


THE TSrT REPUBLICAN. 


to wind up. If the ti:.<tee has a right to re-issue tnese 
notes now, I can see no reason why he may not continue 
to do so after the expiration of the two years. As no one 
could have anticipated a course so extraordinary, the pro¬ 
hibitory clause of the charter above quoted was not accom¬ 
panied by any penalty or other special provision for en¬ 
forcing it; nor have we any general law for the prevention 
of similar acts in future. 

But it is not in this view of the subject alone that your 
interposition is required. The United States, in settling 
with the trustee for their stock, have withdrawn their 
funds from their former direct liability U> the creditors of 
the old bank, yet notes of the institution continue to be 
sent forth in its name, and apparently upon the authority 
of the United States. The transactions connected with 
the employment of the bills of the old bank are of vast 
extent; and should they result unfortunately, the interests 
of individuals may be deeply compromised. Without un¬ 
dertaking to decide how far, or in what form, if any, the 
trustee could be made liable for notes which contain no 
obligation on his part; or the old bank, for such as are 
put in circulation after the expiration of its charter, and 
without its authority; or the government for indemnity in 
case of loss, the question still presses itself upon your 
consideration, whether it is consistent with the duty and 
good faith on the part of the government, to witness this 
proceeding without a single effort to arrest it. 

The report of the Commissioner of the General Land 
Office, which will be laid before you by the secretary of 
the treasury, will show how the affairs of that office have 
been conducted for the past year. The disposition of the 
public lands is one of the most important trusts confided 
to congress. The practicability of retaining the title and 
control of such extensive domains in the general govern¬ 
ment, and at the same time admitting the territories em¬ 
bracing them into the federal union, as co-equal with the 
original states, was seriously doubted by many of our 
wisest statesmen. All feared that they would become a 
scource of discord, and many carried their apprehen¬ 
sions so far as to see in them the seeds of a future 
dissolution of the confederacy. But happily our expe- 


VAN FUREn’s I IK ST ANNUAL MESSAGE. 


205 


lienee has already been sufficient to quiet, in a great de¬ 
gree, all such apprehensions. The position, at one lime 
assumed—that the admission of new states into the Union 
on the same footing with the original states, was incom¬ 
patible with a right of soil in the United States, and ope¬ 
rated as a surrender thereof, notwithstanding the terms of 
the compacts by which their admission was designed to 
be regulated—has been wisely abandoned. 

Whether in the new or the old states, all now agree 
that the right of soil to the public lands remains in the 
federal government, and that these lands constitute a com¬ 
mon property, to be disposed of for the common benefit 
of all the states, old and new. Acquiescence in this just 
principle by the people of the new states has naturally 
promoted a disposition to adopt the most liberal policy in 
the sale of the public lands. A policy which should be 
limited to the mere object of selling the lands for the 
greatest possible sum of money, without regard to higher 
considerations, finds but few advocates. On the contrary 
it is generally conceded, that while the inode of dispo¬ 
sition adopted by the government, should always be a 
prudent one, yet its leading object ought to be the early 
settlement, and cultivation of the lands sold ; and that it 
should discountenance, if it cannot prevent, the accumu¬ 
lation of large tracts in the same hands, which must ne¬ 
cessarily retard the growth of the new states, or entail 
upon them a dependent territory and its attendant 
evils. 

A question embracing such important interests, and so 
well calculated to enlist the feelings*of the people in every 
quarter of the Union, has very naturally given rise to 
numerous plans for the improvement of the existing sys¬ 
tem. The distinctive features of the policy that has 
hitherto prevailed, are, to dispose of the public lands at 
moderate prices, thus enabling a greater number to enter 
into competition for their purchase, and accomplishing a 
double object of promoting their rapid settlement by the 
purchasers, and at the same time increasing the receipts 
of the treasury; to sell for cash, thereby preventing the 
disturbing influence of a large mass of private citizens 
indebted to the government which they have a voice iy 


200 


THE TRUE REPUBLICAN. 


controlling, to bring them, into market no faster than good 
lands are supposed to be wanted for improvements, there' 
by preventing the accumulation of large tracts in few 
hands; and to apply the proceeds of the sales to the 
general purposes of the government; thus diminishing 
the amount to be raised from the people of the states by 
taxation, and giving each state its portion of the benefits 
to be derived from this common fund in a manner the 
most quiet, and at the same time, perhaps the most equi¬ 
table that can be devised. 

These provisions, with occasional enactments in be¬ 
half of special interests deemed entitled to the favor o» 
government, have in their execution, produced results as 
beneficial upon the whole as could reasonably be expected 
in a matter so vast, so complicated, and so exciting. Up 
wards of seventy millions of acres have been sold, the great¬ 
er part of which is believed to have been purchased for 
actual settlement. The population of the new states 
and territories created out of the public domain, in¬ 
creased between 1800 and 1830, from less than sixty 
thousand, to upwards of two millions three hundred 
thousand souls, constituting, at the latter period, about one 
fifth of the whole people of the United States. The in¬ 
crease since cannot be accurately known, but the whole 
may now be safely estimated at over three and a half 
millions of souls; composing nine states, the representa¬ 
tives of which constitute above one third of the Senate, 
and over one sixth of the House of the Representatives of 
the United States. 

Thus has been formed a body of free and independent 
landholders, with a rapidity unequalled in the history of 
mankind; and this great result has been produced with¬ 
out leaving any thing for future adjustment between the 
government and its citizens. The system under which 
so much has been accomplished cannot be intrinsically 
bad, and with occasional modifications, to correct abuses, 
and adapt it to changes of circumstances, may I think, 
be safely trusted for the future. There is, in the 
management of such extensive interests, much virtue in 
stability; and although great and obvious improvements 
should not be declined, changes should never be mad« 


VAN BUREN’s FIRST ANNUAL MESSAGE. 207 

without the fullest examination, and the clearest demon* 
stration of their practical utility. 

In the history of the past, we have an assurance tliai 
this safe rule of action will not be departed from in rela* 
lion to the public lands ; nor is it believed that any ne 
cessity exists for interfering with the fundamental prinoi 
pies of the system, or that the public mind, even in the 
new states, is desirous of any radical alterations. On the 
contrary, the general disposition appears to be, to make 
such modifications and additions only as will more ef¬ 
fectually carry out the original policy of filling our new 
states and territories with an industrious and independent 
population. 

'rite modification most perseveringly pressed upon Con¬ 
gress, which has occupied so much of its time for years 
past, and will probably do so for a long time to come, if 
not sooner satisfactorily adjusted, is a reduction in the 
cost of such portions of the public lands as are ascertained 
to be unsaleable at the rate now established by law, and 
a graduation, according to their relative value, of the 
prices at which they may hereafter be sold. It is worthy 
of consideration whether justice may not be done to every 
interest in this matter, and a vexed question set at rest, 
perhaps forever, by a reasonable compromise of conflict¬ 
ing opinions. Hitherto, after being offered at public 
sale, lands have been disposed of at one uniform price, 
whatever difference there might be in their intrinsic 
value. 

The leading considerations urged in iavor of the mea- 
sure referred to, are, that in almost all the land districts, 
and particularly in those in which the .an Is have been 
long surveyed and exposed to sale, there are still remain¬ 
ing numerous and large tracts of every gradation of value, 
from the government price downward; that these lands 
will not be purchased at the government price, so long as 
better can be conveniently obtained for the same amount; 
that there are large tracts which even the improvements 
o f the adjacent lands will never raise to that price; and 
that the present uniform price, combined with their irre¬ 
gular value, operates to prevent a desirable compactness 
of settlement in the new states, and to retard the full de* 


208 


THE TRUE REPUBLICAN. 


velopement of that wise policy on which our I tml system 
is founded, to the injury not only of the ? sveral states 
where the lands lie, ; ut of the United States as a whole. 

The remedy proposed has been a reduction in prices 
according to the length of time the lands have been in the 
market, without reference to any other circumstances. 
The certainty that the efflux of time would not always in 
such cases, and perhaps not even generally, furnish a true 
criterion of value; and the probability that persons resid¬ 
ing in the vicinity, as the period for the reduction of prices 
approached, would postpone purchases they would other¬ 
wise make, for the purpose of availing themselves of the 
lower price, with other considerations of a similar cha¬ 
racter, have hitherto been successfully urged to defeat the 
graduation upon time. 

May not all reasonable desires upon this subject be sa¬ 
tisfied without encountering any of these objections ? All 
will concede the abstract principle, that the price of the 
public lands should be proportioned to their relative value, 
so far as that can he accomplished without departing frorr 
the rule heretofore observed, requiring fixed prices in 
cases of private entries. The difficulty of the subject 
seems to lie in the mode of ascertaining what that value 
is. Would not the safest plan be that which has been 
adopted by many of the states as to the basis of taxation 
—an actual valuation of lands and classifications of them 
into different rates ? 

Would it not be practicable and expedient to cause the 
relative value of the public lands in the old districts, which 
have been for a certain length of time in market, to be 
appraised and classed into two or more rates below the 
present minimum price, by the officers now employed in 
this branch of the public service, or in any other mode 
deemed preferable, and to make those prices permanent, 
if upon the coming in of the report they shall prove sa¬ 
tisfactory to Congress ? Cannot all the objects of gradu¬ 
ation be accomplished in this way, and the objections 
which have hitherto been urged against it, avoided? It 
would seem to me that such a step, with a restriction of 
the sales to limited quantities, and for actual improvement, 
Miould be free from ah just exceptions. 


VAN BURE*, *.3 FIRST ANNUAL MESSAGE. 


200 


By the full exposition of the value of the lands thus 
furnished and extensively promulgated, persons living at 
a distance would he informed of their true condition, and 
enabled to enter into competition with those residing in 
the vicinity ; the means of acquiring an independent home 
would he brought within the reach of many who are 
unable to purchase at present prices; the population of 
the new states would be more compact, and large tracts 
would he sold which would otherwise remain on hand ; 
not only would the land be brought within the means of a 
large number of purchasers, hut many persons possessed 
of greater means would he content to settle on a larger 
quantity of the poorer lands, rather than emigrate 
farther west in pursuit of a smaller quantity of belter 
lands. 

Such a measure would also seem to he more consistent 
with the policy of the existing laws—that of converting 
the public domain into cultivated farms owned by their 
occupants. That policy is not best, promoted by sending 
emigration up the almost interminable streams of the west, 
to occupy in groups the best spots of land, leaving im¬ 
mense wastes behind them, and enlarging the frontier be¬ 
yond the means of the government to afford it adequate 
protection ; but in encouraging it to occupy, with reasona¬ 
ble denseness, the territory over which it advances, and 
find its best defence in the compact front which it presents 
to the Indian tribes. Many of you will bring to the con¬ 
sideration of the subject the advantage of local knowledge 
and greater experience, and all will he desirous of 
making an early and final disposition of every disturb 
ing question in regard to this important interest. If these 
suggestions shall in any degree contribute to the accom¬ 
plishment of so important a result, it will afford me 
sincere satisfaction. 

In some sections of the country most of the public 
lands have been sold, and the registers and receivers have 
little to do. It is a subject worthy of inquiry whether, 
in many cases, two or more districts may not he consoli¬ 
dated, and the number of persons employed in this busi¬ 
ness considerably reduced. Indeed, the time will come, 
when it will be the true policy of the general government 


210 


THE TRUE REPUBLICAN. 


as to some of the states, to transfer to them, for a reasona¬ 
ble equivalent, all the refuse and unsold lands, and 
withdraw the machinery of the federal land offices alto* 
gether. All who take a comprehensive view of our fede¬ 
ral system, and believe that one of its greatest excellen¬ 
cies consists in interfering as little as possible with the 
internal concerns of the states, look forward with grea 
interest to this result. 

A modification of the existing laws in respect to the 
prices of the public lands, might also have a favorable in¬ 
fluence on the legislation of Congress, in relation to 
another branch of the subject. Many who have not the 
ability to buy at present prices, settle on those lands, with 
•the hope of acquiring from their cultivation the mean* of 
purchasing under pre-emption laws, from time to time 
passed by Congress. For this encroachment on the rights 
of the United States, they excuse themselves under the 
plea of their own necessities ; the fact that they dispossess 
nobody, and only enter upon the waste domain ; that 
they give additional value to the public lands in their 
vicinity, and their intention ultimately to pay the govern¬ 
ment price. So much weight has from time to time been 
attached to these considerations, that Congress have passed 
laws giving actual settlers on the public lands a right of 
pre-emption to the tracts occupied by them, at the mini¬ 
mum price. 

These laws have in all instances been retrospective in 
their operations ; but in a few years after their passage, 
crowds of new settlers have been found on the public 
lands, for similar reasons, and under like expectations, 
who have been indulged with the same privilege. This 
course of legislation tends to impair public respect for the 
laws of the country. Either the laws to prevent intrusion 
upon tho public lands should be executed, or, if that 
should be impracticable or inexpedient, they should be 
modified or repealed. If the public lands are to be con¬ 
sidered as open to be occupied by any, they should, by 
law, be thrown open to all. 

That which is intended, in all instances, to be legalized, 
should at once be made legal, that those who are dis¬ 
posed to conform to the laws, may enjoy at least equal 


VAN BUREn’s FIRST ANNUAL MESSAGE. 21 

privileges with those who are not. But it is not believed 
♦o be the disposition of Congress to open the public lands 
to occupancy without regular entries and payment of the 
government price, as such a course must tend to worse 
evils than the credit system, which it was found necessary 
to abolish. 

It would seem, therefore, to be the part of wisdom and 
sound policy to^remove, as far as practicable, the causes 
which produce intrusions upon the public lands, and then 
take efficient steps to prevent them in future. Would any 
single measure be so effective in removing all plausible 
grounds for these intrusions as the graduation of price al¬ 
ready suggested ? A short period of industry and econo¬ 
my in any part of our country would enable the poorest 
citizen to accumulate the means to buy him a home at the 
lowest prices, and leave him without apology for settling 
on lands not his own. If he did not, under such circum¬ 
stances, he would enlist no sympathy in his favor; and 
the laws would be readily executed without doing violence 
to public opinion. 

A large portion of our citizens have seated themselves 
on the public lands, without authority, since the passage 
of the last pre-emption law, and now ask the enactment 
of another, to enable them to retain the lands occupied, 
upon payment of the minimum government price. They 
ask that which has been repeatedly granted before. If 
the future may be judged of by the past, little harm can 
be done to the interests of the treasury by yielding to their 
request. Upon a critical examination, it is found that the 
lands sold at the public sales since the introduction of 
cash payments in 1820 , have produced, on an average, 
the nett of only six cents an acre more than the minimum 
government price. There is no reason to suppose that 
future sales will be more productive. The government, 
therefore, has no adequate pecuniary interest to induce it 
to drive those people from the lands they occupy, for the 
purpose of selling them to others. 

Entertaining these views. I recommend the passage of 
a pre-emption law for their benefit, in connection with 
the preparatory steps towards the graduation of the price 
of the public lands, and farther and more effectual pro- 


212 


THE TRUE REPUBLICAN# 


visions to prevent intrusions hereafter. Indulgence to 
those who have settled on these lands with expectations 
that past legislation would be made a rule for the future, 
and at the same time removing the most plausible ground 
on which intrusions are excused, and adopting more effi¬ 
cient means to prevent them hereafter, appears to me the 
most judicious disposition which can be made of this dif¬ 
ficult subject. 

The limitations and restrictions to guard against abuses 
in the execution of the pre-emption law, will necessarily 
attract the attention of Congress: but under no circum¬ 
stances is it considered expedient to authorize floating 
claims in any shape. They have been heretofore, and 
doubtless would be hereafter, most prolific sources of fraud 
and oppression, and instead of operating to confer tho 
favor of the government on industrious settlers, are often 
used only to minister to a spirit of cupidity at the expense 
of the most meritorious of that class. 

The accompanying report of the secretary of war will 
bring to your view the state of the army, and all the va¬ 
rious subjects confided to the superintendence of that 
officer. 

The principal part of the army has been concentrated 
m Florida, with a view and in the expectation of bring¬ 
ing the war in that territory to a speedy close. The ne¬ 
cessity of stripping the posts on the maritime and inland 
frontiers, of their entire garrisons, for the purpose of as¬ 
sembling in the field an army of less than four thousand 
men, would seem to indicate the necessity of increasing 
our regular forces; and the superior efficiency as well as 
greatly diminished expense of that description of troops, 
recommend this measure as one of economy, as well as of 
expediency. I refer to the report for the reasons which 
have induced the secretary of war to urge the re-organiza¬ 
tion and enlargement of the staff of the army, and of the 
ordnance corps, in which I fully concur. 

It is not, however, compatible with the interest of the 
people to maintain, in time of peace, a regular Ibrce ade* 
quate to the defence of our extensive frontiers. In pe 
riods of danger and alarm, we must rely principally upoL 
a well-organized militia; and some general arrangemeu 


VAN BUREN’s FIRST ANNUAL MESSAGE 213 

thai will render this description of force more efficient, 
has long been a subject of anxious solicitude. It was re¬ 
commended to the first Congress by General Washington, 
and has since been frequently brought to your notice, and 
recently its importance strongly urged by my immediate 
predecessor. 

The provision in the constitution that renders it neces¬ 
sary to adopt a uniform system of organization for th«? 
militia throughout the United States, presents an insur¬ 
mountable obstacle to an efficient arrangement by the 
classification heretofore proposed, and I invite your atten¬ 
tion to the plan which will be submitted by the secretary 
of war, for the organization of the volunteer corps, and 
the instruction of militia officers, as more simple and prac¬ 
ticable, if not equally advantageous, as a general arrange¬ 
ment of the whole militia of the United States. 

A moderate increase of the corps both of military and 
topographical engineers, has been more than once recom¬ 
mended by my predecessor, and my conviction of the pro¬ 
priety, not to say necessity of the measure, in order to 
enable them to perform tne various and important duties 
imposed upon them, induces me to repeat the recommen¬ 
dation. 

The Military Academy continues to answer all the pur¬ 
poses of its establishment, and not only furnishes well- 
educated officers of the army, but serves to diffuse through¬ 
out the mass of our citizens, individuals possessed of mi- 
/itary knowledge, and the scientific attainments of civil 
and military engineering. At present, the cadet is bound, 
with the consent of his parents or guardians, to remain in 
service five years from the period of his enlistment, unless 
sooner discharged, thus exacting only one year’s service 
in the army after his education is completed. This does 
not appear to me sufficient. Government ought to com¬ 
mand for a longer period the services of those who are 
educated at the public expense; and I recommend that 
the time of enlistment be extended to seven years, and the 
terms of the engagement strictly enforced. 

The creation of a national foundry for cannon, to be 
common to the service of the army and navy of the Uni¬ 
ted States, has been heretofore recommended, and ap 


214 


THE TRUE REPUBLICAN. 


pears to be required in order to place our ordnance on an., 
equal footing with that of other countries, and to enable 
that branch of the service to control the prices of those 
articles, and graduate the supplies to the wants of the 
government, as well as to regulate their quality and insure 
their uniformity. 

The same reasons induce me to recommend the erec¬ 
tion of a manufactory of gunpowder, to be under the di¬ 
rection of the ordnance office. The establishment of a 
manufactory of small arms west of the Alleghany moun¬ 
tains, upon the plan proposed by the secretary of war, 
will contribute to extend throughout that country the im¬ 
provements which exist in establishments of a similar 
description in the Atlantic states, and tend to a much more 
economical distribution of the armament required in the 
western portion of our Union. 

The system of removing the Indians west of the Mis¬ 
sissippi, commenced by Mr. Jefferson, in 1804, has been 
steadily persevered in by every succeeding President, and 
may be considered the settled policy of the country. Un¬ 
connected at first with any well-defined system for their 
improvement, the inducements held out to the Indians 
were confined to the greater abundance of game to be found 
in the west; but when the beneficial effects of their re¬ 
moval were made apparent, a more philanthropic and en¬ 
lightened policy was adopted, in purchasing their lands 
east of the Mississippi. Liberal prices were given, and 
provisions inserted in all the treaties with them for the 
application of the funds they received in exchange, to such 
purposes as were best calculated to promote their present 
welfare, and advance their future civilization. These 
measures have been attended thus far with the happiest 
resuhs. 

It will been seen, by referring to the report of the com¬ 
missioner of Indian affairs, that the most sanguine expec¬ 
tations of the friends and promoters of this system have 
been realized. The Choctaws, Cherokees, and otk«r 
tribes that first emigrated beyond the Mississippi, hav$ 
for tie most part, abandoned the hunter state and be¬ 
come cultivators of the soil. The improvement of 
their cociitjr't has been rapid, and it is believed that 


van r, mien’s first annual message. 


215 


v they a’-e now fitted to enjoy the advantages of a simple 
form o*' government, which has been submitted to them 
and received their sanction ; and I cannot too strongly 
urge this subject upon the attention of Congress. 

Stipulations have been made with all the Indian tribes 
*o remove them beyond the .Mississippi, except with the 
band of the Wyandotts, the Six Nations, in New York, 
the Menomonees, Mandans, and Stockbridges, in Wis¬ 
consin, and IMiarnies, in Indiana. With all but the 
Menomonees, it is expected that arrangements for their 
emigration will be completed the presenjt year. The 
resistance which has been opposed to their removal by 
some tribes, even after ireaties had been made with them 
to that effect, has arisen from various causes, operating 
differently on each of them. 

In most instances they have been instigated to resist¬ 
ance by persons to whom the trade with them and the 
acquisition of their annuities were important; and in 
some by the personal influence of interested chiefs.— 
These obstacles must be overcome ; for the government 
cannot relinquish the execution of this policy with 
out sacrificing important interests, and abandoning the 
tribes remaining east of the Mississippi to certain destruc¬ 
tion. 

The decrease in numbers of the tribes within the limits 
of tiie states and territories has been most rapid. If they 
be removed, they can be protected from those associa¬ 
tions and evil practices which exert so pernicious and 
destructive an influence over their destinies. They can 
be induced to labor, and to acquire property, and its ac¬ 
quisition will inspire them with a feeling of independence. 
Their minds can he cultivated, and they can be taught the 
value of salutary and uniform laws, and be made sensible 
of the blessings of free government, and capable of enjoy¬ 
ing its advantages. 

In the possession of property, knowledge, and a good 
government, free to give what direction they please to 
their labor, and sharers in the legislation by which their 
persons and the profits of their industry are to he protect¬ 
ed and secured, they will have an ever present convic¬ 
tion of the importance of union, of peace among 


THE TRUE REPUBLICAN. 


216 

themselves, and of the preservation of amicable relations 
with us. 

The interests of the United States would also be greatly 
promoted by freeing the relations between the genera 1 
and state governments, from what has proved a most em¬ 
barrassing incumbrance, by a satisfactory adjustment of 
conflicting titles to lands, caused by the occupation of the 
Indians, and by causing the resources of the whole coun¬ 
try to be developed by the power of the state and general 
governments, and improved by the enterprise of a white 
population. 

Intimately connected with this subject is the obligation 
of the government to fulfil its treaty stipulations, and to 
protect the Indians thus assembled “ at their new resi¬ 
dence from all interruptions and disturbances from any 
other tribes or nations of Indians, or from any other per¬ 
son or persons whatsoever,” and the equally solemn ob¬ 
ligation to guard from Indian hostilities its own border 
settlements stretching along a line of more than one thou 
sand miles. To enable the government to redeem their 
pledge to the Indians, and to afford adequate protection fo 
its own citizens, will require the continual presence of a 
considerable regular force on the frontiers, and the estab* 
lishment of a chain of permanent posts. Examinations 
of the country are now making, with a view to decide 
on the most suitable points for the erection of fort¬ 
resses and other works of defence, the results of which 
will be presented to you by the secretary of war at an 
early day, together with a plan for the effectual protec¬ 
tion of friendly Indians, and the permanent defence of 
the frontier states. 

By the report of the secretary of the navy, herewith 
communicated, it appears that unremitted exertions have 
been made at the different navy-yards, to carry into effect 
all authorized measures for the extension and employ¬ 
ment of our naval force. The launching and prcpa* 
ration of the ship of the line Pennsylvania, and the 
complete repairs of the ships of the line Ohio, Del-aware, 
and Columbus, may be noticed, as forming a respectable 
addition to this important arm of our national defence 
Our commerce and navigation have received increased 


A 


VAN BUREN’s FIRS! ANNUAL MESSAGE. 217 

aid and protection during the present year. Our squad¬ 
rons in the Pacific and on the Brazilian station have been 
much increased, and that in the Mediterranean, although 
small, is adequate to the present wants of our com¬ 
merce in that sea. Additions have been made to our 
tquadron on the West India station, where the large 
force under Commodore Dallas has been most actively 
und efficiently employed in protecting our commerce, in 
preventing the importation of slaves, and in co-operating 
with the officers of the army in carrying on the war in 
Florida. 

The satisfactory condition of our naval force abroad, 
leaves at our disposal the means of conveniently provid¬ 
ing for a home squadron, for the protection of commerce 
upon our extensive coast. The amount of appropriations 
required for such a squadron will be found in the general 
estimates for the naval service, for the year 1838. 

The naval officers engaged upon our coast survey, 
have rendered important service to our navigation. The 
discovery of a new channel into the harbor of New York, 
through which our largest ships may pass without 
danger, must afford important commercial advantages to 
that harbor, and add greatly to its value as a naval station. 
The accurate survey of Georges’ shoals, off the coast of 
Massachusetts, lately completed, will render compara¬ 
tively safe, a navigation hitherto considered dangerous. 

Considerable additions have been made to the number 
of captains, commanders, lieutenants, surgeons and assist¬ 
ant surgeons in the navy. These additions were ren¬ 
dered necessary, by the increased number of vessels put 
in commission, to answer the exigencies of our growing 
commerce. 

Your attention is respectfully invited to the various 
suggestions of the secretary, for the improvement of the 
naval service. 

The report of the postmaster-general exhibits the pro¬ 
gress and condition of the mail service. The operations 
of the post-office department, constitutes one of the 
most active elements of our national prosperity, and it 
is gratifying to observe with what vigor they are con' 
ducted. The mail routes of the United States cover an 

19 


218 


THE TRUE REPUBLICAN. 


extent of about one hundred and forty-two thousand eight 
hundred and seventy-seven miles, having been increased 
about thirty-seven thousand one hundred and three miles, 
within the last two years. 

The annual mail transportation on these routes is about 
36,228,962 miles, having been increased about 10,359,- 
476 miles within the same period. The number of post- 
offices has also been increased from 10,770, to 12,099, 
very few of which receive the mails less than once a 
week, and a large portion of them daily. Contractors 
and post-masters in general are represented as attend¬ 
ing to their duties with most commendable zeal and 
fidelity. 

The revenue of the department within the year ending 
on the 30th of June last, was $4,137,066 59; and its lia¬ 
bilities accruing within the same time, were $3,380,847 
75. The increase of revenue over that of the preceding 
year, was $708,166 41. 

For many interesting details, I refer you to the report 
of the postmaster-general, with the accompanying paper. 
Your particular attention is invited to the necessity of pro¬ 
viding a more safe and convenient building for the accom¬ 
modation of the department. 

I lay before Congress copies of reports, submitted in 
pursuance of a call made by me upon the heads of depart¬ 
ments, for such suggestions as their experience might 
enable them to make, as to what further legislative pro¬ 
visions may bo advantageously adopted to secure the 
faithful application of public money to the objects for which 
they are appropriated ; to prevent their misapplication or 
embezzlement by those intrusted with the expenditure of 
them; and generally to increase the security of the 
government against losses in their disbursement. It is 
needless to dilate on the importance of providing such 
new safeguards as are within the power of legislation 
to promote these ends; and I have little to add to 
the recommendations submitted in the accompanying 
papers. 

By law, the terms of service of our most important 
collecting and disbursing officers in the civil departments, 
are limited to four years, and when re-appointed, then 


VAN BUREN*S FIRST ANNUAL MESSAGE. 219 

bonds are required to be renewed. The safety of the 
public is much increased by this feature of the law, and 
there can be no doubt that its application to all officers 
intrusted with the collection or disbursement of the pub¬ 
lic money, whatever may be the tenure of their offices, 
would be equally beneficial. I therefore recommend, in 
addition to such of the suggestions presented by the heads 
of department as you may think useful, a general provi¬ 
sion that all officers of the army or navy, or in the civil 
department, intrusted with the receipt or payment of the 
public money, and whose term of service is either un¬ 
limited or for a longer time than four years, be required 
to give bonds, with good and sufficient securities, at the 
expiration of every such period. 

A change in the period of terminating the fiscal year, 
from the first of October to the first of April, has been 
frequently recommended, and appears to be desirable. 

The distressing casualties in steamboats, which have 
so frequently happened, during the year, seem to evince 
the necessity of attempting to prevent them by means of 
severe provisions connected with their custom-house 
papers. This subject was submitted to the attention of 
Congress by the secretary of the treasury, in his last 
annual report, and will be again noticed at the present 
session, with additional details. It will doubtless receive 
that early and careful consideration which its pressing 
importance appears to require. 

Your attention has heretofore been frequently called 
to the affairs of the District of Columbia, and I should 
not again ask it, did not their entire dependence on Con¬ 
gress give them a constant claim upon its notice. Sepa¬ 
rated by the constitution from the rest of the Union, 
limited in extent, and aided by no legislature of its own, 
it would seem to be a spot where a wise and uniform sys¬ 
tem of local government might have been easily adopted. 

This district, however, unfortunately, has been left to 
linger behind the rest of the Union; its codes, civil and 
criminal, are not only very defective, but full of obsolete 
or inconvenient provisions; being formed of portions of 
two states, discrepancies in the laws prevail in different 
Darts of the territory, small as it is; and although it was 


220 


THE TRUE RE ^LICAN. 


selected as the seat of the general government, the site 
of its public edifices, the depository of its archives, anu 
the residence of officers intrusted with large amounts of 
public property, and the management of public business, 
yet it has never been subjected to, or received, that spe 
cial and comprehensive legislation which these circum 
stances peculiarly demand. 

I am well aware of the various subjects of greater 
magnitude and immediate interest, that press themselves 
on the consideration of Congress ; but I believe there is 
no one that appeals more directly to its justice, tnan a 
liberal and even generous attention to the interests of the 
District of Columbia, and a thorough and carekui revi¬ 
sion of its local government. 


HARRISON’S INAUGURAL ADDRESS, 
March 4 1841. 


Fellow-Citizens: 

Called from a retirement which I had supposed was to 
continue for the residue of my life, to fill the Chief Ex¬ 
ecutive office of this great and free nation, I appear before 
you, to take the oaths which the Constitution prescribes, 
as a necessary qualification for the performance of its du 
ties. And in obedience to a custom coeval with our go 
vernment and what I believe to be your expectations, I 
proceed to present to you a summary of the principles 
which will govern me in the discharge of the duties which 
I shall be called upon to perform. 

It was the remark of a Roman Consul, in an early pe¬ 
riod of that celebrated republic, that a most striking con 
trast was observable in the conduct of candidates for of¬ 
fices of power and trust, before and after obtaining them— 
they seldom carrying out, in the latter case, thp pledges 
and promises made in the former. However much the 
world may have improved, in many respects, in the laps© 



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Harrison’s inaugural address. 


221 


of upwards of two thousand years since the remark was 
made by the virtuous and indignant Roman, I fear that a 
strict examination of the annals of some of the modern 
elective governments, would develope similar instances 
of violated confidence. 

Although the fiat of the people has gone forth, pro¬ 
claiming me the Chief Magistrate of this glorious Union, 
nothing upon their part remaining to be done, it may be 
thought that a motive may exist to keep up the delusion 
under which they may be supposed to have acted in rela¬ 
tion to my principles and opinions ; and perhaps there 
may be some in this assembly who have come here either 
prepared to condemn those I shall now deliver, or, ap¬ 
proving them, to doubt the sincerity with which they are 
uttered. But the lapse of a few months will confirm or 
dispel their fears. The outline of principles to govern^ 
and measures to be adopted, by an Administration not yet 
begun, will soon be exchanged for immutable history, and 
I shall stand, either exonerated by my countrymen, or class¬ 
ed with the mass of those who promised that they might 
deceive, and flattered with the intention to betray. How¬ 
ever strong may be my present purpose to realize the 
expectations of a magnanimous and confiding people, I 
too well understand the dangerous temptations to which 
I shall be exposed, fron the magnitude of the power which 
it has been the pleasure of the people to commit to my 
hands, not to place my chief confidence upon the aid of 
that Almighty power which has hitherto protected me, 
and enabled me to bring to favorable issues other impor¬ 
tant but still greatly inferior trusts, heretofore confided to 
me by my country. 

The broad foundation upon which our Constitution 
rests being the people—a breath of theirs having made, 
as a breath can unmake, change or modify it—it can be 
assigned to none of the great divisions of Government, 
but to that of democracy. If such is its theory, those 
who are called upon to administer it must recognize, as 
its leading principle, the duty of shaping their measures 
so as to produce the greatest good to the greatest number 
But, with these broad admissions, if we would compare 
the sovereignty acknowledged to exist in the mass of our 
ID* 


222 


THE TRUE REPUBLICAN. 


people, with trie power claimed by other sovereigntiee, 
even by those which have been considered most purely 
democratic, we shall find a most essential difference.— 
All others lay claim to power limited only by their own 
will. The majority of our citizens, on the contrary, pos¬ 
sess a sovereignty with an amount of power precisely 
equal to that which has been granted to them by the par¬ 
ties to the national compact, and nothing beyond. We 
admit of no Government by divine right. Believing that, 
so far as power is concerned, the Beneficent Creator has 
made no distinction amongst men, that all are upon an 
equality, and that the only legitimate right to govern ig 
an express grant of power from the governed. The Con¬ 
stitution of the United States is the instrument containing 
this grant of power to the several departments composing 
the Government. On an examination of that instrument, 
it will be found to contain declarations of power granted 
and of power withheld. The latter is also susceptible of 
division, into power which the majority had the right to 
grant, but which they did not think proper to intrust to 
their agents, and that which they could not have granted, 
not being possessed by themselves. In other words, 
there are certain rights possessed by each individual Ame¬ 
rican citizen, which, in his compact with the others, he 
has never surrendered. Some of them, indeed, he is un¬ 
able to surrender, being in the language of our system un¬ 
alienable. The boasted privilege of a Roman citizen was 
to him a shield only against a petty provincial ruler, 
whilst the proud democrat of Athens could console him¬ 
self under the sentence of death, for a supposed violation 
of the national faith, which no one understood, and which 
at times was the subject of the mockery of all, or the ba¬ 
nishment from his home, his family and his country, with 
or without an alleged cause ; that it was the act, not of a 
single tyrant, or hated aristocracy, but of his assembled 
countrymen. Far different is the power of our sove¬ 
reignty. It can interfere with no one’s faith, prescribe 
forms of worship for no one’s observance, inflict no pun¬ 
ishment but after well ascertained guilt, the result of in¬ 
vestigation under rules prescribed by the Constitution it¬ 
self These precious privileges, and those scarcely less 


Harrison’s inaugural address. 


223 


impoitant, of giving expression to his thoughts and opin- 
, 011 s, either by writing or speaking, unrestrained but by 
the liability for injury to others, and that of a full partici 
pation in all the advantages which flow from the Govern¬ 
ment, the acknowledged property of all, the American 
citizen derives from no charter granted by his fellow man. 
He claims them because he is himself a man, fashioned 
by the same Almighty hand as the rest of his species, 
and entitled to a full share of the blessings with which he 
has endowed them. Notwithstanding the limited sove¬ 
reignty possessed by the people of the United States, and 
the restricted grant of power to the Government which 
they have adopted, enough has been given to accomplish 
all the objects for which it was created. It has been 
found powerful in war, and, hitherto, justice has been ad¬ 
ministered, an intimate union effected, domestic tranquil¬ 
lity preserved, and personal liberty secured to the citi¬ 
zen. As was to be expected, however, from the defect 
of language, and the necessarily sententious manner in 
which the Constitution is written, disputes have arisen as 
to the amount of power which it has actually granted, or 
was intended to grant. 

This is more particularly the case in relation to that 
part of the instrument which treats of the legislative 
branch. And not only as regards the exercise of powers 
claimed under a general clause, giving that body the au¬ 
thority to pass all laws necessary to carry into effect the 
specified powers, but in relation to the latter also. It is, 
however, consolatory to reflect, thatmosfof the instances 
of alleged departure from the letter or spirit of the Consti¬ 
tution, have ultimately received the sanction of a majority 
of the people. And the fact that many of our statesmen, 
most distinguished for talent and patriotism, have been 
at one time or other of their political career, on both sides 
of each of the most warnfly disputed questions, forces upon 
is the inference that the errors if errors they were, are at¬ 
tributable to the intrinsic difficulty, in many instances, of 
ascertaining the intentions of the framers of the Constitution, 
rather than the influence of any sinister or unpatriotic mo¬ 
tive. But the great danger to our institutions does not 
appear to me to be in a usurpation by the Government of 


224 


THE TRUE REPUBLICAN. 


power not granted by the people, but by the accumulation 
in one of the departments, of that which was assigned t<s 
others. Limited as are the powers which have been 
granted, still enough have been granted to constitute a 
despotism, if concentrated in one of the departments. 
This danger is greatly heightened, as it has been always 
observable that men are less jealous of encroachments of 
one department upon another, than upon their own re¬ 
served rights. When the Constitution of the United States 
first came from the hands of the Convention which form¬ 
ed it, many of the sternest republicans of the day were 
alarmed at the extent of the power which had been grant¬ 
ed to the federal government, and more particularly of that 
portion which had been assigned to the Executive branch. 
There were in it features which appeared not to beinhar 
mony with their ideas of a simple representative of De¬ 
mocracy, or Republic. And knowing the tendency of 
power to increase itself, particularly when exercised by 
a single individual, predictions were made that, at no very 
remote period, the Government would terminate in virtual 
monarchy. It would not become me to say that the fears 
of these patriots have been already realized. But, as I 
sincerely believe that the tendency of measures, and of 
men’s opinions, for some years past, has been in that di¬ 
rection, it is, I conceive, strictly proper that I should take 
this occasion to repeat the assurances I have heretofore 
given, of my determination to arrest the progress of that 
tendency, if it really exists, and restore the Government t<? 
; ts pristine health and vigor, as far as this can be effected 
m any legitimate exercise of the power placed in my 
hands. 

I proceed to state, in as summary a manner as I can, my 
opinion of the sources of the evils which have been so ex¬ 
tensively complained of, and the correctives which may 
be applied. Some of the former are unquestionably to be 
found in the defects of the Constitution ; others, in my 
judgment, are attributable to a misconstruction of some 
of its provisions. Of the former is the eligibility of the 
same individual to a second term of the Presidency. The 
sagacious mind of Mr. Jefferson early saw and lamented 
this error, and attempts have been made, hitherto without 


HARRISON^ inaugural address 


225 


success, to apply the amendatory power of the States, to 
its correction. As, however, one mode of correction is 
in the power of every President, and consequently in 
mine, it would be useless, and perhaps invidious to enu¬ 
merate the evils of which, in the opinion of many of ou: 
fellow-citizens, this error of the sages who framed the 
Constitution, may have been the source, and the bitter 
fruits which we are still to gather from it, if it continues 
to disfigure our system. It may be observed, however, 
as a general remark, that republics can commit no greater 
error than to adopt or continue any feature in their sys¬ 
tems of government which may be calculated to create or 
increase the love of power in the bosoms of those to whom 
necessity obliges them to commit the management of their 
affairs. And surely nothing is more likely to produce 
such a state of mind than the long continuance of an office 
of high trust. Nothing can be more corrupting. 
Nothing more destructive of ail those noble feel- 
ings which belong to the character of a devoted re- 
publican patriot. When this corrupting passion once 
takes possession of the human mind, like the love of gold, 
it becomes insatiable. It is the never-dying worm in his 
bosom, grows with his growth and strengthens with the 
declining years of its victim. If this is true, it is the part 
of wisdom for a Hepublic to limit the service of that offi¬ 
cer, at least, to whom she has entrusted the management 
of her foreign relations, the execution of her laws, and 
the command of her armies and navies, to a period so 
short as to prevent his forgetting that he is the accounta¬ 
ble agent, not the principal; the servant not the master. 
Until an amendment of the Constitution can be effected, 
public opinion mav secure the desired object. I give my 
aid to it, by renewing the pledge heretofore given, that un¬ 
der no circumstances, will I consent to serve a second teim. 

But if there is danger to public liberty from the ac¬ 
knowledged defects of the Constitution, in the want of 
limit to the continuance of the Executive power in tho 
same hands, there is, I apprehend, not much less from a 
misconstruction of that instrument, as it regards the 
powers actually given. I cannot conceive that by a fair 
construction, any or either of its provisions would be 


220 


THE TRUE REPUBLICAN. 


found to constitute the President a part of the legislative 
power. It cannot be claimed from the power to recom¬ 
mend, since, although enjoined as a duty upon him, it is 
a privilege which he holds in common with every othei 
citizen. And although there may be something more of 
confidence in the propriety of the measures recommended 
in the one case than in the other, in the obligations of 
ultimate decision there can be no difference. In the lan¬ 
guage of the Constitution, “ all the legislative powers” 
which ft grants “ are vested in the Congress of the United 
States.” It would be a solecism in language to say that 
any portion of these is not included in the whole. 

It may be said, indeed, that the Constitution has given 
the Executive the power to annul the acts of the legisla¬ 
tive body, by refusing to them his assent. So a similar 
power has necessarily resulted from that instrument to 
the judiciary, and yet the judiciary forms no part of the 
legislature. There is, it is true, this difference between 
these grants of power; the Executive can put his nega¬ 
tive upon the acts of the legislature for other causes than 
that of want of conformity to the Constitution, whilst the 
judiciary can only declare void those which violate that 
instrument. But the decision of the judiciary is final in 
such a case, whereas in every instance where the veto of 
the Executive is applied it may be overcome by a vote of 
two-thirds of both Houses of Congress. The negative 
upon the acts of the legislature, by the Executive autho¬ 
rity, and that in the hands of one individual, would seem 
to be an incongruity in our system. Like some others of 
a similar character, however, it appears to be highly ex¬ 
pedient, and if used only with the forbearance, and in the 
spirit which was intended by its authors, it may be pro 
ductive of great good, and be found one of the best safe 
guards to the Union. At the period of the formation of 
the Constitution, the principle does not appear to have 
enjoyed much favor in the State Governments. It existed 
but in two, and in one of these there was a plural Execu¬ 
tive. If we should search for the motives which ope¬ 
rated upon the purely patriotic and enlightened assembly 
which framed the Constitution, for the adoption of a pro¬ 
vision s) apparently repugnant to the leading democratic 


HARRISON S INAUGURAL ADDRESS. 


227 


principles, that the majority should govern, we must re¬ 
ject the idea that they anticipated from it any benefit to 
the ordinary course of legislation. They knew too well 
the high degree of intelligence which existed among the 
people, and the enlightened character of the State Legis¬ 
latures, not to have the fullest confidence that the two bo¬ 
dies elected by them would be worthy representatives of 
such constituents, and, of course, that they would require 
no aid in conceiving and maturing measures which the 
circumstances of the country might require. And it is 
preposterous to suppose that a thought could for a mo¬ 
ment have been entertained, that the President, placed at 
the Capital, in the centre of the country, could better un¬ 
derstand the wants and wishes of the people than their 
own immediate representatives, who spent a part of “very 
year among them, living with them, often laboring with 
them, and bound to them by the triple tie of interest, 
duty and affection. To assist or control Congress then 
in its ordinary legislation, could not, I conceive, have been 
the motive for conferring the veto power on the President. 
This argument acquires additional force from the fact of 
its never having been thus used by the first six Presidents, 
—and two of them were members of the Convention, one 
presiding over its deliberations, and the other bearing a 
larger share in consummating the labors of that august 
body than any other, person. But if bills never were re¬ 
turned to Congress by either of the Presidents above re¬ 
ferred to, upon the ground of their being inexpedient, or 
not as well adapted as they might be to the wants of the 
people, the veto was applied upon that of want of confor¬ 
mity to the Constitution, or because errors had been com¬ 
mitted from a too hasty enactment. 

There is another ground for the adoption of the veto 
principle, which had probably more influence in recom¬ 
mending it to the Convention than any other. I refer to 
the security which it gives to the just and equitable action 
of the legislature upon all parts of the Union. It could 
not but have occurred to the Convention that, in a country 
®o extensive, embracing so great a variety of soil and cli¬ 
mate and consequently of products, and which, from the 
tame causes, must ever exhibit a great difference in the 


228 


THE TRUE REPUBLICAN. 


amount of the population of its various sections, calling 
for a great diversity in the employments of the people, 
that the legislation of the majority might not always just¬ 
ly regard the rights and interests of the minority. And 
that acts of this character might be passed, under an ex¬ 
press grant by the words of the Constitution, and, there¬ 
fore, not within the competency of the judiciary to declare 
void. That however enlightened and patriotic they might 
suppose, from past experience, the members of Congress 
might be, and however largely partaking, in the general, 
of the liberal feelings of the people, it was impossible to 
expect that bodies so constituted should not sometimes be 
controlled by local interests and sectional feelings. It 
was proper, therefore, to provide some umpire, from 
whose situation and mode of appointment more indepen¬ 
dence and freedom from such influences might be expect¬ 
ed. Such a one was afforded by the Executive depart¬ 
ment, constituted by the Constitution. A person elected 
to that high office, having his constituents in every sec¬ 
tion, state and sub-division of the Union, must consider 
himself bound by the most solemn sanctions, to guard, 
protect, and defend the rights of all, and of every portion, 
great or small, from the injustice and oppression of the 
rest. I consider the veto power, therefore, given by the 
Constitution to the Executive of the United States, solely 
as a conservative power. To be used only, first, to pro¬ 
tect the Constitution from violation; 2dly, the people 
from the effects of hasty legislation where their will has 
been probably disregarded or not well understood ; and, 
3dly, to prevent the effects of combinations violative of 
the rights of minorities. In reference to the second of 
these objects, I may observe that I consider it the right 
and privilege of the people to decide disputed points of 
the Constitution, arising from the general grant of power 
to Congress to carry into effect the powers expressly 
given. And I believe with Mr. Madison, “ that repeated 
recognitions, under varied circumstances, in acts of the 
legislature, executive, and judicial branches of the Go¬ 
vernment, accompanied by indications, indifferent modes, 
of the concurrence of the general will of the nation, as af¬ 
fording to the President sufficient authority for his consi¬ 
dering such disputed points as settled. 


Harrison’s inaugural address. 229 

Upwards of half a century has elapsed since the adop¬ 
tion of the present form of Government. It would be an 
object more highly desirable than the gratification of the 
curiosity of speculative statesmen, if its precise situation 
could be ascertained, a fair exhibit made of the operations 
ol each of its departments, of the powers which they re¬ 
spectively claim and exercise, of the collisions which 
have occurred between them, or between the whole Go¬ 
vernment and those of the States, or either of them. We 
could then compare our actual condition, after fifty years 
trial of our system, with what it was in the commence¬ 
ment of its operations, and ascertain whether the predic¬ 
tions of the patriots who opposed its adoption, or the con¬ 
fident hopes of its advocates have been best realized. The 
great dread of the former seems to have been, that the re¬ 
served powers of the states would be absorbed by those 
of the Federal Government, and a consolidated power es¬ 
tablished, leaving to the states the shadow only of that 
independent action for which they had so zealously con¬ 
tended, and on the preservation of which they relied as 
the last hope of liberty. Without denying that the result 
to which they looked with so much apprehension is in the 
way of being realized, it is obvious that they did not 
clearly see the mode of its accomplishment. The gene¬ 
ral Government has seized upon none of the reserved 
rights of the states. As far as any open warfare may have 
gone, the state authorities have amply maintained their 
rights. To a casual observer, our system presents no ap¬ 
pearance of discord between the different members which 
compose it. Even the addition of many new ones has 
produced no jarring. They move in their respective or¬ 
bits in perfect harmony with the central head, and with 
each other. 

But there is still an under current at work, by which, 
if not seasonably checked, the worst apprehensions of our 
anti-federal patriots will be realized; and not only will 
the State authorities be overshadowed by the great in¬ 
crease of power in the Executive department of the gene¬ 
ral Government, but the character of that Government, if 
not its designation, be essentially and radically changed 
This state of things has been in part effected by causes 
20 


230 


THE TRUE REPUBLICAN, 


inherent in the Constitution and in part by the never fail 
ing tendency of political power to increase itself. By 
making the President the sole distributor, of all the patron¬ 
age of the Government, the framers of the Constitution 
do not appear to have anticipated at how short a period 
it would become a formidable instrument to control the 
free operations of the state Governments. Of trifling im¬ 
portance at first, it had, early in Mr. Jefferson’s adminis¬ 
tration, become so powerful as to create great alarm in 
the mind of that patriot from the potent influence it might 
exert in controlling the freedom of the elective franchise. 
If such could then have been the effects of its influence, 
how much greater must be the danger at this time, quad¬ 
rupled in amount, as it certainly is, and more completely 
under the control of the Executive will than their con¬ 
struction of their powers allowed, or the forbearing cha¬ 
racters of all the early Presidents permitted them to make. 
But it is not by the extent of its patronage alone that the 
Executive department has become dangerous, but by the 
use which it appears may be made of the appointing pow¬ 
ers to bring under its control the whole revenues of the 
country. The Constitution has declared it to be the duty 
of the President to see that the laws are executed, and it 
makes him the C Jmmandcr-in-chief of the Armies and 
Navy of the Unucd States. If the opinion of the most 
approved writers upon that species of mixed Government, 
which, in modern Europe is termed monarchy in contra¬ 
distinction to despotism , is correct, there was wanting no 
other addition to the powers of our Chief Magistrate to 
stamp a monarchical character on our Government, but the 
control of the public finances. And to me it appears 
strange, indeed, that and one should doubt, that the en¬ 
tire control which the President possesses over the offi¬ 
cers who have the custody of the public money, by the 
power of removal, with or without cause, does, for all 
mischievous purposes at least, virtually subject the trea¬ 
sures also to his disposal. The first Roman Emperor, 
in his attempt to seize the sacred treasure, silenced the 
opposition of the officer to whose charge it had been com¬ 
mitted by a significant allusion to his sword*. By a se¬ 
lection of political instruments for the care of the public 


Harrison’s inaugural address. 231 

money, a reference to their commission by a President, 
would be quite as effectual an argument as that of Caesar 
to the Roman Knight. I am not insensible of the great 
difficulty that exists in drawyig a proper plan for the safe 
keeping and disbursement of the public revenues, and 1 
know the importance which has been attached by men of 
great abilities and patriotism to the divorce, as it is called, 
of the treasury from the banking institutions. It is not 
the divorce which is complained of, but the unhallowed 
union of the Treasury with the Executive department, 
which has created such extensive alarm. To this danger 
to our republican institutions, and that created by the in¬ 
fluence given to the Executive, through the instrumentality 
of the federal officers, I propose to apply all the remedies 
which may be at my command. It was certainly a great 
error in the framers of the Constitution, not to have made 
the officer at the head of the treasury department entirely 
independent of the Executive. He should at least have 
been removable only upon the demand of the popular 
branch of the legislature. I have determined never to re¬ 
move a Secretary of the Treasury, without communicating 
all the circumstances attending such removal to both 
Houses of Congress. 

The influence of the Executive in controlling the free¬ 
dom of the elective franchise through the medium of the 
public officers, can be effectually cheated by renew¬ 
ing the prohibition published by Mr. Jefferson forbid¬ 
ding their interference in elections further than giving 
their own votes, and their own independence secured 
by an assurance of perfect immunity, in exercising 
this sacred privilege of freemen under the dictates of 
their own unbiassed judgments. Never, with my con¬ 
sent, shall an officer of the people, compensated for Ids 
services out of their pockets, become the pliant instrument 
of Executive will. 

There is no part of the means placed in the hands of 
the Executive which might be used with greater effect, 
for unhallowed purposes, than the control of the public 
press. The maxim which our ancestors derived from the 
mother country, that “the freedom of the press is the 
great bulwark of civil and religious liberty,” is one of the 


232 


THE TRUE REPUBLICAN. 


most precious legacies which they have left us. We have 
learned, too, from our own, as well as the experience oj 
other countries, that golden shackles, by whomsoever oi 
by whatever pretence imposed, are as fatal to it as the 
iron bonds of despotism. The presses in the necessary 
employment of the Government should never be used “to 
clear the guilty, or to varnish crime.” A decent and 
manly examination of the acts of the government should 
be not only tolerated but encouraged. 

Upon another occasion I have given my opinion, at 
some length, upon the impropriety of Executive inter¬ 
ference in the legislation of Congress. That the article 
in the Constitution making it the duty of the President to 
communicate information, and authorising him to recom¬ 
mend measures, was not intended to make him the source 
in legislation, and, in particular, that he should never be 
looked to for schemes of finance. It would be very 
strange, indeed, that the Constitution should have strictly 
forbidden one branch of the legislature from interfering in 
the organization of such bills, and that it should be consi¬ 
dered proper that an altogether different department of 
the government should be permitted to do so. Some of 
our best political maxims and opinions have been drawn 
from our parent Isle. There are others, however, which 
cannot be introduced into our system without singular 
incongruity and the production of much mischief. And 
this I conceive to be one. No matter in which of the 
houses of Parliament a bill may originate, nor by whom 
introduced, a minister or a member of the opposition, by 
the fiction of law, or rather of constitutional principle, the 
sovereign is supposed to have prepared it agreeably to his 
will, and then submitted it to Parliament for their advice 
and consent. Now, the very reverse is the case here, 
not only with regard to the principle, but the forms pre¬ 
scribed by the Constitution. The principle certainly 
assigns to the only body constituted by the Constitution 
(the legislative body) the power to make laws, and the 
forms even direct that the enactment should be as ascribed 
to them. The Senate in relation to revenue bills, have 
the right to propose amendments; and so has the Execu- 
tne, by the power given him, to return them to the House 


Harrison’s inaugural ae dress. 


233 


of Representatives with his objections. It is in his power, 
also, to propose amendments to the existing revenue laws 
suggested by his observations upon their defective or in 
mrious operation. But the delicate duty of devising 
schemes of revenue should be left where the Constitution 
has placed it—with the immediate representatives of the 
people. For similar reasons, the mode of keeping the 
public treasure should be prescribed by them, and the 
farther it is removed from the control of the Executive, the 
more wholesome the arrangement, and the more in accor 
dance with republican principle. 

Connected with this subject is the character of the cur¬ 
rency. The idea of making it exclusively metallic, how¬ 
ever well intended, appears to me to be fraught with more 
fatal consequences than any other scheme, having no re¬ 
lation to the personal rights of the citizens, that has ever 
been devised. If any single scheme could produce the 
effect of arresting, at once, that mutation of condition by 
which thousands of our most indigent fellow-citizens, by 
their industry and enterprise, are raised to the possession 
of wealth, that is the one. If there is one measure better 
calculated than another to produce that state of things so 
much deprecated by all true Republicans, by which the 
rich are daily adding to their hoards, and the poor sinking 
deeper into penury, it is an exclusive metallic currency. 
Or if there is a process by which the character of the 
country for generosity and nobleness of feeling, may be 
destroyed by the great increase and necessary toleration 
of usury, it is an exclusive metallic currency. 

Amongst the other duties of a delicate character which 
the President is called upon to perform, is the supervision 
of the government of the Territories of the United States. 
Those of them which are destined to become members of 
our great political family, are compensated by their rapid 
progress from infancy to manhood, for the partial and tem¬ 
porary deprivation of their political rights. It is in this Dis¬ 
trict only, where American citizens can be found, who, un¬ 
der a settled policy,are deprived of many important political 
privileges, without inspiring hope as to the future. Their 
only consolation under circumstances of such deprivation, 
is that of the devoted exterior guards of a camp—that 
20 * 


234 


THE TRUE REPUBLICAN. 


their sufferings secure tranquillity and safety within.— 
Are there any of their countrymen who would subject 
them to greater sacrifices, to any other humiliations than 
those essentially necessary to the security of the object 
for which they were thus separated from their fellow 
citizens? Are their rights alone not to be guaranteed by 
‘he application of those great principles upon which all 
ir Constitutions are founded? We are told by the 
greatest of British orators and statesmen, that at the com¬ 
mencement of the war of the Revolution, the most stupid 
men in England spoke of “ their American subjects.”— 
Are there indeed citizens of any of our States who have 
dreamed of their subjects in the District of Columbia? 
Such dreams can never be realized by any agency of 
mine. The people of the District of Columbia are not 
the subjects of the people of the States, but free American 
citizens. Being in the latter condition when the Consti¬ 
tution was formed, no words used in that instrument could 
have been intended to deprive them of that character. If 
there is any thing in the great principle of unalienable 
rights, so emphatically insisted upon in our Declaration 
of Independence, they could neither make, nor the Uni¬ 
ted States accept, a surrender of their liberties, and be¬ 
come the subjects , in other words, the slaves, of their 
former fellow-citizens. If this be true (and it will scarce¬ 
ly be denied by any one who has a correct idea of his 
own rights as an American citizen) the grant to Congress 
of exclusive jurisdiction in the District of Columbia can 
be interpreted, so far as respects the aggregate people of 
the United States, as meaning nothing more than to allow 
to Congress the controlling power necessary to afford a 
free and safe exercise of the functions assigned to the ge¬ 
neral Government by the Constitution. In all other re¬ 
spects, the legislation of Congress should be adapted to 
their peculiar condition and wants, and be conformable 
with their deliberate opinions of their own interests. 

I have spoken of the necessity of keeping the respec¬ 
tive departments of the Government, as well as all the 
other authorities of our country, within their appropriate 
orbits. This is a matter of difficulty in some cases, as 
the powers which they respectively claim are often not 
defined by any distinct lines. Mischievous, however, in 


Harrison’s inaugural address. 


235 


their tendencies, as collisions of this kind may be, those 
which arise between the respective communities which, 
for certain purposes, compose one nation, are much more 
so ; for no such nation can long exist without the careful 
culture of those feelings of confidence and affection which 
are the effective bonds of union between free and confe¬ 
derated states. Strong as is the tie of interest, it has 
been often found ineffectual. Men, blinded by their pas¬ 
sions, have been known to adopt measures for their coun¬ 
try in direct opposition to all the suggestions of policy. 
The alternative, then, is, to destroy or keep down a bad 
passion by creating and fostering a good one ; and this 
seems to be the corner-stone upon which our American 
political architects have reared the fabric of our Govern¬ 
ment. The cement which was to bind it, and perpetuate 
its existence, was the affectionate attachment between all 
its members. To insure the continuance of this feeling 
produced at first by a community of dangers, of suffer¬ 
ings, and of interests, the advantages of each were made 
accessible to all. No participation in any good, possess¬ 
ed by any member of our extensive confederacy, except 
in domestic government, was withheld from the citizen 
of any other member. By a process attended with no dif¬ 
ficulty, no delays, no expense but that of removal,the citi¬ 
zen of one might become the citizen of any other, and suc¬ 
cessively of the whole. The lines, too, separating powers 
to be exercised by the citizens of one state from those of 
another, seemed to be so distinctly drawn as to leave no 
room for misunderstanding. The citizens of each state 
unite in their persons all the privileges which that cha 
racter confers, and all that they may claim as citizens of 
the United States; but in no case can the same person, 
at the same time, act as the citizen of two separate states, 
and he is therefore positively precluded from any inter 
ference with the reserved powers of any state but that 
of which he is, for the time being , a citizen. He may 
indeed offer to the citizens of other states his advice as to 
their management, and the form in which it is tendered is 
left to his own discretion and sense of propriety. It may be 
observed, however, that organized associations of citizens, 
requiring compliance with their wishes, too much resemble 
'.he recommendations of Athens to her allies—supported 


236 


THE TRUE REPUBLICAN. 


by an armed and powerful fleet. It was, indeed, to the 
ambition of the leading states of Greece to control the do 
mestic concerns of the others, that the destruction of that 
celebrated confederacy, and subsequently of all its mem¬ 
bers, is mainly to be attributed. And it is owing to the 
absence of that spirit that the Helvetic confederacy has 
for so many years been preserved. Never has there been 
seen in the institutions of the separate members of any 
confederacy more elements of discord. In the principles 
and forms of government and religion, as well as in the 
circumstances of the several cantons, so marked a discre¬ 
pance was observable, as to promise any thing but har¬ 
mony in their intercourse, or permanency in their alliance; 
and yet, for ages neither has been interrupted. Content 
with the positive benefits which their union produced, 
with the independence and safety from foreign aggression 
which it secured, these sagacious people respected the in¬ 
stitutions of each other, however repugnant to their own 
principles and prejudices. 

Our confederacy, fellow-citizens, can only be preserved 
by the same forbearance. Our citizens must be content 
with the exercise of the powers with which the Consti¬ 
tution clothes them. The attempt of those of one state 
to control the domestic institutions of another, can only 
result in feelings of distrust and jealousy, the certain har¬ 
bingers of disunion, violence, civil war, and the ultimate 
destruction of our free institutions. Our confederacy is 
perfectly illustrated by the terms and principles governing 
a common co-partnership. There is a fund of power to 
be exercised under the direction of the joint councils ot 
the allied members, but that which has been reserved by 
the individual members is intangible by the common go¬ 
vernment, or the individual members composing it. To 
attempt it finds no support in the principles of our Con¬ 
stitution. 

It should be our constant and earnest endeavor mutual 
ly to cultivate a spirit of concord and harmony among the 
various parts of our confederacy. Experience has abun¬ 
dantly taught us, that the agitation, by citizens of one 
part of the Union, of a subject not confided to the gene¬ 
ral Government, but exclusively under the guardianship 


Harrison’s inaugural address. 


237 


of the local authorities, is productive of no other conse 
quences than bitterness, alienation, discord, and injury 
to the very cause which is intended to be advanced. Of 
all the great interests which appertain to our country, 
that of union—cordial, confiding, fraternal union—is by 
far the most important, since it is the only true and sure 
guaranty of all others. 

In consequence of the embarrassed state of business and 
the currency, some of the states may meet with difficulty 
in their financial concerns. However deeply we may re¬ 
gret any thing imprudent or excessive, in the engagements 
into which states have entered for purposes of their own, 
it does not become us to disparage the state Governments, 
nor to discourage them from making proper efforts for 
their own relief. On the contrary, it is our duty to en¬ 
courage them, to the extent of our constitutional authority, 
to apply their best means, and cheerfully to make all ne¬ 
cessary sacrifices, and submit to all necessary burdens, 
to fulfil their engagements and maintain their credit; for 
the character and credit of the several states form a 
part of the character and credit of the whole country. 
The resources of the country are abundant; the enter¬ 
prise and activity of our people proverbial; and wo 
may well hope that wise legislation and prudent adminis¬ 
tration, by the respective governments, each acting within 
its own sphere, will restore former prosperity. 

Unpleasant and even dangerous as collisions may some¬ 
times be between the constituted authorities or the citi¬ 
zens of our country, in relation to the lines which sepa¬ 
rate their respective jurisdictions, the results can be of 
no vital injury to our institutions, if that ardent patriotism, 
that devoted attachment to liberty, that spirit of modera¬ 
tion and forbearance for which our countrymen were 
once distinguished, continue to be cherished. If this con¬ 
tinues to be the ruling passion of our souls, the weaker 
feeling of the mistaken enthusiast will be corrected, the 
utopian dreams of the scheming politician dissipated, and 
the complicated intrigues of the demagogue rendered 
harmless. The spirit of liberty is the sovereign balm for 
every injury which our institutions may receive. On the 
contrary, no care that can be used in the construction of 
our Government, no division of powers, no distribution 


238 


THE TRUE REPUBLICAN 


of checks in its several departments, will prove effectual 
to keep us a free people, if this spirit is suffered to decay; 
and decay it will without constant nurture. To the neg¬ 
lect of this duty the best historians agree in attributing 
the ruin of all the republics with whose existence and fall 
their writings have made us acquainted. 

The same causes will ever produce the same effects; 
and as long as the love of power is a dominant passion of 
the human bosom, and as long as the understandings of 
men can be warped and their affections changed, by ope 
rations upon their passions and prejudices, so long will 
the liberties of a people depend on their own constant 
attention to its preservation. The danger to all well- 
established free Governments arises from the unwilling¬ 
ness of the people to believe in its existence, or from the 
influence of designing men, diverting their attention from 
the quarter whence it approaches to a source from which 
it can never come. This is the old trick of those who 
would usurp the government of their country. In the 
name of democracy they speak, warning the people against 
the influence of wealth, and the danger of aristocracy. 
History, ancient and modern, is full of such examples. 
Caesar became the master of the Roman people and the 
Senate, under the pretence of supporting the democratic 
claims of the former against the aristocracy of the latter. 
Cromwell, in the character of Protector of the liberties 
of the people, became the Director of England, and 
Bolivar possessed himself of unlimited power with the 
title of his country’s Liberator. There is, on the contrary, 
no single instance on record, of an extensive and well-es¬ 
tablished republic being changed into an aristocracy. 
The tendencies of all such governments, in their decline, 
is to monarchy : and the antagonist principle to liberty, 
there, is the spirit of faction—a spirit which assumes the 
character, and in times of great excitement imposes itself 
upon the people as the genuine spirit of freedom, and, 
like the false Christs, whose coming was foretold by the 
Saviour, seeks, and were it possible, would impose upon the 
true and most faithful disciples of liberty. It is in periods 
like this that it behooves the people to be most watchful of 
those to whom they have entrusted power. And although 


Harrison’s inaugural address. 239 

there is at times much difficulty in distinguishing the false 
from the true spirit, a calm and dispassionate investigation 
will detect the counterfeit, as well by the character of its 
operations, as the results that are produced. The true 
spirit of liberty, although devoted, persevering, bold, and 
uncompromising in principle—that secured—is mild, and 
tolerant, and scrupulous as to the means it employs; 
whilst the spirit of party, assuming to be that of liberty, 
is harsh, vindictive and intolerant, and totally reckless as 
to the character of the allies which it brings to the aid of 
»ts cause. When the genuine spirit of liberty animates 
the body of a people to a thorough examination of their 
affairs, it leads to the excision of every excrescence which 
may have fastened itself upon any of the departments 
of the Government, and restores the system to its pristine 
health and beauty. But the reign of an intolerant spirit 
of party, amongst a free people, seldom fails to result in 
a dangerous accession to the Executive power—intro¬ 
duced and established amidst unusual professions of devo¬ 
tion to democracy. 

The foregoing remarks relate, almost exclusively, to 
matters connected with our domestic concerns. It may 
be proper, however, that I should give some indications 
to my fellow-citizens of my proposed course of conduct 
in the management of our foreign relations. I assure 
them, therefore, that it is my intention to use every means 
in my power to preserve the friendly intercourse which 
now so happily subsists with every foreign nation. And 
that although, of course, not well informed as to the state 
of pending negotiations with any of them, I see, in the 
personal characters of their sovereigns, as well as in the 
mutual interests of our own, and of the governments with 
which our relations are most intimate, a pleasing guaranty 
that the harmony so important to the interests of their 
subjects, as wel 1 as of our citizens, will not be interrupted 
by the advancement of any claim or pretension upon their 
part to which our honor would not permit us to yield.— 
Long the defender of my country’s rights in the field, I 
trust that my fellow citizens will not see, in my earnest 
desire to preserve peace with foreign powers, any indi¬ 
cation that their rights will ever be sacrificed, or the 


240 


THE TRUE REPUBLICAN. 


honor of the nation tarnished, by any admission on the 
part of their Chief Magistrate, unworthy of their former 
glory. In our intercourse with our aboriginal neighbours, 
the same liberality anti justice which marked the course 
prescribed to me by two of my illustrious predecessors, 
when acting under their direction in the discharge of the 
duties of Superintendent and Commissioner, shall be 
strictly observed. I can conceive of no more sublime 
spectacle—none more likely to propitiate an impartial and 
common Creator—than a rigid adherence to the principles 
of justice, on the part of a powerful nation, in its transac¬ 
tion with a weaker and uncivilized people,whom circum¬ 
stances have placed at its disposal. 

Before concluding, fellow citizens, I must say some¬ 
thing to you on the subject of the parties at this time ex¬ 
isting in our country. To me it appears perfectly clear 
that the interest of that country requires that the violence of 
the spirit by which those parties are at this time governed, 
must be greatly mitigated, if not entirely extinguished or 
consequences will ensue which are apalling to be thought of. 

If parties in a Republic are necessary to secure a degree 
of vigilance sufficient to keep the public functionaries 
within the bounds of law and duty, at that point their use¬ 
fulness ends: beyond that, they become destructive of 
public virtue, the parent of a spirit antagonist to that of 
liberty, and eventually its inevitable conqueror. We 
have examples of republics, where the love of country 
and of liberty at one time were the dominant passions of 
the whole mass of citizens, and yet, with the continuance 
of the name and forms of free government, not a vestige of 
these qualities remaining in the bosoms of any one of 
its citizens. It was the beautiful remark of a distin¬ 
guished English writer, that “In the Roman Senate, 
Octavius had a party, and Anthony a party, but the 
Commonwealth had none.” Yet the Senate con 
tinued to meet in the Temple of Liberty, to talk of the 
sacredness and beauty of the Commonwealth, and gaze 
at the statues of the elder Brutus and of the Curtii and 
Decii; and the people assembled in the forum, not as in 
the days of Camillus and the Scipios, to cast their free 
votes for annual magistrates, or pass upon the acts of the 


Harrison’s inaugural address. 


241 


Senate, but to receive from the hands of the leaders of 
the respective paties their share of the spoils, and to shout 
for one or the other, as those collected in Gaul or Egypt 
and the lesser Asia would furnish the larger dividend. 
The spirit of liberty had fled, and avoiding the abodes of 
civilized man had sought protection in the wilds of Scythia 
Scandinavia. And so under the operation of the same 
causes -and influences it will fly from our Capital and our 
forums. A calamity so awful, not only to our country, 
but to the world, must be deprecated by every patriot, 
and every tendency to a state of things likely to produce 
it immediately checked. Such a tendency has existed— 
does exist. Always the friend of my countrymen, never 
their flatterer, it becomes my duty to say to them, from 
tins high place to which their partiality has exalted me, 
that there exists in the land a spirit hostile to their Tbest 
intetests—hostile to liberty itself. It is a spirit contracted 
in its views—selfish in its objects. It looks to the 
aggrandizement of a few even to the destruction of the 
interest of the whole. 

The entire remedy is with the people. Something, 
however, may be effected, by the means which they have 
placed in my hands. It is union that we want, not of a 
party for the sake of that party, but a union of the whole 
country, for the sake of the whole country. For the de¬ 
fence of its interests and its honor against foreign aggres¬ 
sion—for ihe defence of those principles for which our 
ancestons so gloriously contended. As far as it depends 
upon me, it shall be accomplished. All the influence that 
I possess shall be exerted to prevent the formation at 
least of an Executive party in the halls of the legislative 
body. I wish for the support of no member of that body 
to any measure of mine that does not satisfy his judgment 
and his sense of duty to those from whom he holds his 
appointment. Nor any confidence in advance from the 
people but that asked for by Mr. Jefferson, “ to give 
firmness and effect to the legal administration of their af¬ 
fairs.” 

I deem the present occasion sufficiently important and 
solemn to justify me in expressing to my fellow-citizens 
a profound reverence for the Christian religion and a 

21 


243 


THE TRUE REPUBLICAN. 


thorough conviction that sound morals, religious liberty, 
and a just sense of religious responsibility, are essential¬ 
ly connected with all true and lasting happiness. And to 
that good Being who has blessed us by the gifts of civil 
and religious freedom—who watched over and prospered 
the labors of our fathers, and has hitherto preserved to 
us institutions far exceeding in excellence those of any 
other people, let us unite in fervently commending every 
interest of our beloved country in all future time. [Oath 
administered.] 

Fellow-citizens: Being fully invested with that high of¬ 
fice to which the partiality of my countrymen has called 
me, I now take an affectionate leave of you. You will 
bear with you to your homes the remembrance of the 
pledge I have this day given, to discharge all the high 
duties of my exalted station according to the best of my 
ability ; and I shall enter upon their performance with en¬ 
tire confidence in the support of a just and generous 
people. 


TYLER’S ADDRESS. 
April 9, 1841. 


Fello w-Citizens: 

Before my arrival at the seat of Government, the pain¬ 
ful communication was made to you by the officers pre¬ 
siding over the several Departments, of the deeply regret¬ 
ted death of William Henry Harrison, late President 
of the United States. Upon him you had conferred your 
suffrages for the first office in your gift, and had selected 
him as your chosen instrument to correct and reform all 
such errors and abuses as had manifested themselves 
from time to time in the practical operation of the Go¬ 
vernment. While standing at the threshold of this great 
work, he has, by the dispensation of an all-wise Provi¬ 
dence, been removed from amongst us, and by the provi¬ 
sions of the Constitution the efforts to be directed to the 



tyler’s address. 


243 


accomplishing of this vitally important task have devolved 
upon inyself. This same occurrence has subjected the 
wisdom and sufficiency of our institutions to a new test. 
For the first time in our history the person elected to the 
Vice Presidency of the United States, by the happening 
of a contingency provided for in the Constitution, has had 
devolved upon him the Presidential office. The spirit of 
faction, which is directly opposed to the spirit of a lofty 
patriotism, may find in this occasion for assaults upon 
my administration. And in succeeding, under circum¬ 
stances so sudden and unexpected, and to responsibilities 
so greatly augmented, to the administration of public af¬ 
fairs, I shall place in the intelligence and patriotism of the 
people my only sure reliance. My earnest prayer shall be 
constantly addressed to the all-wise and all-powerful Being, 
who made me, and by whose dispensation I am called to 
the high office of President of this confederacy, under- 
standingly to carry out the principles of that Constitution 
which I have sworn ‘ to protect, preserve, and defend.’ 

'Fhe usual opportunity which is afforded to a Chief 
Magistrate upon his induction to office of presenting to 
his countrymen an exposition of the policy which would 
guide his administration, in the form of an inaugural ad¬ 
dress, not having, under the peculiar circumstances which 
have brought me to the discharge of the high duties of 
President of the United States, been afforded to me, a 
brief exposition of the principles which will govern me in 
the general course of my administration of public affairs 
would seem to be due as well to myself as to you. In re¬ 
gard to foreign nations, the groundwork of my policy will be 
justice on our part to all, submitting to injustice from none. 
While I shall sedulously cultivate the relations of peace 
and amity with one and all, it shall be my most imperative 
duty to see that the honor of the country shall sustain no 
blemish. With a view to this, the condition of our mili¬ 
tary defences will become a matter of anxious solicitude. 
The Army, which has in other days covered itself with 
renown, and the Navy not inappropriately termed the 
right arm of the public defence, which has spread a light 
of glory over the American standard in all the waters oi 
die earth, should be rendered replete with efficiency. 


244 


TIIE TRUE REPUBLICAN. 


In view of the fact, well avouched by history, that the 
tendency of all human institutions is to concentrate pow¬ 
er in the hands of a single man, and that their ultimate 
downfal has proceeded from this cause, I deem it ot the 
most essential importance that a complete separation 
should take place between the sword and the purse. No 
matter where or how the public moneys shall be deposit¬ 
ed, so long as the President can exert the power of ap¬ 
pointing and removing, at his pleasure, the agents select¬ 
ed for their custody, the Commander-in-chief of the Army 
and Navy is in fact the Treasurer. A permanent and 
radical change should therefore be decreed. The patro¬ 
nage incident to the presidential office, already great, is 
constantly increasing. Such increase is destined to keep 
pace with the growth of our population, until without a 
figure of speech, an army of office-holders may be spread 
over the land. The unrestrained power exerted by a 
selfishly ambitious man, in order either to perpetuate his 
authority, or to hand it over to some favorite as his suc¬ 
cessor, may lead to the employment of all the means with¬ 
in his control to accomplish his object. The right to re¬ 
move from office, while subjected to no just restraint, is 
inevitably destined to produce a spirit of crouching ser¬ 
vility with the official corps, which, in order to uphold 
the hand which feeds them, would lead to direct and ac¬ 
tive interference in the elections, both state and federal, 
thereby subjecting the course of state legislation to the 
dictation of the Chief Executive Officer, and making the 
will of that officer absolute and supreme. I will, at a pro¬ 
per time, invoke the action of Congress upon this subject, 
and shall readily acquiesce in the adoption of all proper 
measures which are calculated to arrest these evils, so full 
of danger in their tendency. I will'remove no incumbent 
from office who has faithfully and honestly acquitted him¬ 
self of the duties of his office, except in such cases where 
such officer has been guilty of an active partizanship, or 
by secret means—the less manly, and therefore the more 
objectionable—has given his official influence to the pur¬ 
poses of party, thereby bringing the patronage of the go¬ 
vernment in conflict with the freedom of election. Nu¬ 
merous removals may become necessary under this rtfle 


tyler’s address. 


245 


These will be made by me through no acerbity of feeling 
l have had no cause to cherish or indulge unkind feel¬ 
ings towards any, but my conduct will be regulated by a 
profound sense of what is due to the country and its in¬ 
stitutions ; nor shall I neglect to apply the same unbend¬ 
ing rule to those of my own appointment. Freedom of 
opinion will be tolerated, the full enjoyment of the right 
of suffrage will be maintained as the birthright of every 
American citizen, but I say emphatically to the official 
corps, ‘ thus far and no farther.’ I have dwelt longer 
upon this subject, because removals from office are likely 
often to arise, and I would have my countrymen to un¬ 
derstand the principle of the Executive action. 

In all public expenditures the most rigid economy 
should be resorted to, and, as one of its results, a public 
debt in time of peace be sedulously avoided. A wise and 
patriotic constituency will never object to the imposition 
of necessary burdens for useful ends; and true wisdom 
dictates the resort to such means, in order to supply de¬ 
ficiencies in the revenue, rather than to those doubtful 
expedients, which, ultimating in a public debt, serve to 
embarrass the resources of the country and to lessen its 
ability to meet any great emergency which may arise. 
All sinecures should be abolished. The appropriations 
should be direct and explicit, so as to leave as limited a 
share of discretion to the disbursing agents as may be found 
compatible with the public service. A strict responsi¬ 
bility on the part of all the agents of the Government 
should be maintained, and peculation or defalcation 
visited with immediate expulsion from office and the 
most condign punishment. 

The public interest also demands that, if any war has 
existed between the Government and the currency, it 
shall cease. Measures of a financial character, now hav¬ 
ing the sanction of legal enactment, shall be faithfully en¬ 
forced until repealed by the legislative authority. But I owe 
it to myself to declare that I regard existing enactments as 
unwise and impolitic, and in a high degree oppressive. I 
shall promptly give my sanction to any constitutional mea¬ 
sure which, originating in Congress, shall have for ite cb- 
20 


246 


THE TRUE REPUBLICAN. 


jectlhe restoration of a sound circulating medium, so essen¬ 
tially necessary to give confidence in all the transactions 
of life, to secure to industry its just and adequate rewards, 
and to re-establish the public prosperity. In deciding 
upon the adaption of any such measure to the end pro¬ 
posed as well as its conformity to the Constitution, 1 
shall resort to the Fathers of the great Republican school 
for advice and instruction, to be drawn from their sage 
views of our system of Government, and the light of 
their ever glorious example. 

The institutions under which we live, my country¬ 
men, secure each person in the perfect enjoyment of all 
his rights. The spectacle is exhibited to the* world of a 
Government deriving its powers from the consent of the 
governed, and having imparted to it only so much power 
as is necessary for its successful operation. Those who 
are charged with its administration should carefully ab¬ 
stain from all attempts to enlarge the range of powers 
thus granted to the several departments of the Govern¬ 
ment, other than by an appeal to the People for additional 
grants, lest by so doing they disturb that balance which 
the patriots and statesmen who framed the Constitution 
designed to establish between the Federal Government 
and the States composing the Union. The observance 
of these rules is enjoined upon us by that feeling of re¬ 
verence and affection which finds a place in the heart of 
every patriot for the preservation of union and the bless¬ 
ings of union—for the good of our children and our 
children’s children, through countless generations. An 
opposite course could not fail to generate factions, intent 
upon the gratification of their selfish ends ; to give birth 
to local and sectional jealousies, and to ultimate either in 
breaking asunder the bonds of union, or in building up a 
central system, which would inevitably end in a bloody 
sceptre and an iron crown. 

In conclusion, I beg you to be assured that I shall exert 
myself to carry the foregoing principles into practice during 
my administration of the Government, and, confiding in ihe 
protecting care of an ever-watchful and overruling Provi¬ 
dence, it shall be my first and highest duty to preserve 


tyler’s first message. 


247 


unimpaired the free institutions under which we live, and 
transmit them to those who shall succeed me in their full 
force and vigor. 


TYLER’S FIRST MESSAGE, 

„ June 1 , 1841 . 

To the Senate , and 

House of Representatives of the United States: 

Fellow-Citizens :—You have been assembled, in your 
respective halls of legislation, under a proclamation bear¬ 
ing the signature of the illustrious citizen who was so 
lately called by the direct suffrages of the people to the 
discharge of the important functions of their chief execu¬ 
tive office. Upon the expiration of a single month from 
the day of his installation, he has paid the great debt of 
nature, leaving behind him a name associated with the re¬ 
collection of numerous benefits conferred upon the coun¬ 
try during a long life of patriotic devotion. With this 
public bereavement are connected other considerations 
which will not escape the attention of Congress. The 
preparations necessary for his removal to the seat of Go¬ 
vernment in view of a residence of four years, must have 
devolved upon the late President heavy expenditures, 
which, if permitted to burden the limited resources of his 
private fortune, may tend seriously to the embarrassment 
of his surviving family; and it is therefore respectfully 
submitted to Congress whether the ordinary principles of 
justice would not dictate the propriety of its legislative 
interposition. By the provisions of the fundamental 
law, the powers and duties of the high station to which 
he was elected have devolved upon me, and in the disposi¬ 
tion of the representatives of the States and of the people 
will be found to a great extent a solution of the problem 
to which our institutions are for the first time subjected. 



248 


THE TRUE REPUBLICAN. 


In entering upon the duties of this office, I did not fee■ 
that it would be becoming in me to disturb what had been 
ordered by my lamented predecessor. Whatever, there¬ 
fore, may have been my opinion, originally, as to the pro¬ 
priety of convening Congress at so early a day from that 
of its late adjournment, I found a new and controlling in¬ 
ducement not to interfere with the patriotic desires of the 
late President, in the novelty of the situation in which I was 
so unexpectedly placed. My first wish, under such cir¬ 
cumstances, would necessarily have been to have called 
to my aid, in the administration of public affairs, th»com¬ 
bined wisdom of the two Houses of Congress, in order to 
take their counsel and advice as to the best mode of extri¬ 
cating the Government and the country from the embar¬ 
rassments weighing heavily on both. I am then most 
happy in finding myself, so soon after my accession to 
the Presidency, surrounded by the immediate representa¬ 
tives of the states and people. 

No important changes having taken place in our for¬ 
eign relations since the last session of Congress, it is not 
deemed necessary on this occasion to go into a detailed 
statement in regard to them. I am happy to say that 1 
see nothing to destroy the hope of being able to preserve 
peace. 

The ratification of the treaty with Portugal has been 
duly exchanged between the two Governments. This Go¬ 
vernment has not been inattentive to the interests of those 
of our citizens who have claims on the Government of 
Spain founded on express treaty stipulations; and a hope is 
indulged that the representations which have been made 
to that Government on this subject may lead ere long to 
beneficial results. 

A correspondence has taken place between the Secre¬ 
tary of State and the Minister of Her Britannic Majesty 
accredited to this Government, on the subject of Alexan¬ 
der McLeod’s indictment and imprisonment, copies of 
which are herewith communicated to Congress. 

In addition to what appears from these papers, it may 
be proper to state that Alexander McLeod has been heard 
by the Supreme Court of the State of New York on his 
motion to be discharged from imprisonment, and that th© 
decision of that oourt has not as yet been pronounced. 


tyler’s first message. 


249 


The Secretary of State has addressed to me a papei 
upon two subjects, interesting to the commerce of the 
country, which will, receive my consideration, and which 
I have the honor to communicate to Congress. 

So far as it depends on the course of this Government, 
our relations of good will and friendship will be sedu¬ 
lously cultivated with all nations. The true American 
policy will be found to consist in the exercise of a spirit 
of justice to be manifested in the discharge of all our in¬ 
ternational obligations, to the weakest of the family of na¬ 
tions, as well as to the most powerful. Occasional con¬ 
flicts of opinion may arise, but when the discussions in¬ 
cident to them are conducted in the language of truth, and 
with a strict regard to justice, the scourge of war will for 
the most part be avoided. The time ought to be regard¬ 
ed as having gone by when a resort to arms is to be es¬ 
teemed as the only proper arbiter of national differences. 

The census recently taken shows a regularly progres¬ 
sive increase in our population. On the breaking out of 
the war of the revolution, our numbers scarcely equalled 
three millions of souls; they already exceed seventeen 
millions, and will continue to progress in a ratio which 
duplicates in a period of about twenty-three years. The 
old States contain a territory sufficient *n itself to maintain 
a population of additional millions, and the most populous 
of the new States may even yet be regarded as but partial¬ 
ly settled, while of the new lands on this side of the 
Rocky mountains, to say nothing of the immense region 
which stretches from the base of those mountains to the 
mouth of the Columbia river, about 270,000.000 of acres, 
ceded and unceded, still remain to be brought into mar¬ 
ket. We hold out to the people of other countries an in¬ 
vitation to come and settle among us as members of our 
rapidly growing family, and, for the blessings which we 
offer them, we require them to look upon our country, as 
their country, and to unite with us in the great task of pre- 
servingonr institutions, and thereby perpetuating our liber¬ 
ties. No motive exists for foreign conquests. We desire but 
to reclaim our almost illimitable wilderness, and thereby 
to introduce into their depths the light of civilization. 
While we shall at all times be prepared to vindicate tka 


250 


THE TRUE REPUBLICAN. 


national honor, our most earnest desire will be to main¬ 
tain an unbroken peace. 

In presenting the foregoing views, I cannot withhold 
Cne expression of the opinion that there exists nothing in 
the extension of our empire over our acknowledged pos¬ 
sessions to excite the alarm of the patriot for the safety of 
our institutions. The federative system, leaving to each 
state the care of its domestic concerns, and devolving on 
the federal government those of general import, admits in 
safety of the greatest expansion, but at the same time I 
deem it proper to add that there will be found to exist at 
all times an imperious necessity for restraining all the 
functionaries of this Government within the range of their 
respective powers, thereby preserving a just balance be¬ 
tween the powers granted to this Government and those 
reserved to the States and to the people. 

From the report of the Secretary of the Treasury, you 
will perceive that the fiscal means present and accruing, 
are insufficient to supply the wants of the Government 
for the current year. The balance in the Treasury on 
the 4th day of March last, not covered by outstanding 
drafts, and exclusive of trust funds, is estimated at $860, 
000. This includes the sum of $215,000 deposited in 
the mint and its branches to procure metal for coining and 
in process of coinage, and which could not be withdrawn 
without inconvenience ; thus leaving subject to draft in the 
various depositories, the sum of $645,000. By virtue of 
two several acts of Congress, the Secretary of the Treasu¬ 
ry was authorized to issue, on and after the 4th of March 
last, Treasury Notes to the amount of $5,413,000, making 
an aggregate available fund of $6,058,000 on hand. 

But this fund was chargeable with outstanding Trea¬ 
sury Notes redeemable in the current year and interest 
thereon to the estimated amount of five millions two hun¬ 
dred and eighty thousand dollars. There is also thrown 
upon the Treasury the payment of a large amount of de¬ 
mands accrued in whole or in part in former years, which 
will exhaust the available means of the Treasury, and 
leave tiie accruing revenue reduced as it is in amount, 
burdened with debt, and charged with the current ex¬ 
penses of the Government. The aggregate amount of 


tyler’s first message. 


251 


outstanding appropriations on the 4th of March last was 
$33,429,616 50, of which $24,210,300 will be re¬ 
quired during the current year, and there will also be re 
quired for the use of the War Department additional ap¬ 
propriations to the amount of two millions five hundred 
and eleven thousand one hundred and thirty two dollars 
and ninety eight cents, the especial objects of which will 
be seen by reference to the report of the Secretary of War 

The anticipated means of the Treasury are greatly in¬ 
adequate to this demand. The receipts for customs 
for the last three quarters of the last year, amount¬ 
ed to $12,100,$00; the receipts for lands for the same time 
to $2,742,450 ; showing an average revenue from both 
sources of $1,236,780 per month. A gradual expan¬ 
sion of trade growing out of a restoration of confidence, 
together with a reduction in the expenses of collecting, 
and punctuality on the part of collecting officers, may 
cause an addition to the monthly receipt from the customs. 
They are estimated for the residue of the year, from the 
fourth of March, $12,000,000; the receipts from the pub¬ 
lic land for the same time are estimated at $2,600,000; 
and from miscellaneous sources at $170,000; making an 
aggregate of available fund within the year of $14,670,000; 
which will leave a probable deficit of $11,406,132 98. 
To meet this, some temporary provision is necessary, un¬ 
til the amount can be absorbed by the excess of revenues, 
which are anticipated to accrue at no distant day. 

There will fall due within the next three months, 
Treasury Notes of the issues of 1840, including interest, 
about $2,850,000. There is chargeable in the same pe¬ 
riod for arrearages for taking the sixth census $294,000 ; 
and the estimated expenditures for the current service are 
about $3,100,000, making the aggregate demands upon 
the Treasury, prior to the first of September next, about 
$11,340,000. The ways and means in the Treasury, 
and estimated to accrue within the above named period, 
consist of about $694,000 of funds available on the 28th 
ultimo ; an unissued balance of Treasury Notes authori¬ 
zed by the act of 1841, amounting to $1,955,000, and es¬ 
timated receipts from all sources of $3,800,000, making 
an aggregate of about $6,450,000, and leaving a probable 
deficit on the 1st of September next of $4,845,000. 


252 


THE TRUE REPUBLICAN. 


In order to supply the wants of the Government, an 
intelligent constituency, in view of the best interests, will, 
without hesitation, submit to all necessary burdens. But 
it is nevertheless important so to impose them as to avoid 
defeating the just expectations of the country, growing 
out of pre-existing laws. The act of 2d March, 1833, 
commonly called the Compromise Act, should not be al¬ 
tered except under urgent circumstances, which are not 
believed at this time to exist. One year only remains to 
complete the series of reductions provided for by that law, 
at which time provisions made by the same law, and 
which will then be brought actively in aicf*of the manu¬ 
facturing interests of the Union, will not fail to produce 
the most beneficial results. Under a system of discrimi¬ 
nating duties imposed for purposes of revenue, in unison 
with the provisions of existing laws, it is to be hoped that 
our policy will, in the future, be fixed and permanent, so 
as to avoid those constant fluctuations which defeat the 
very object they have in view. We shall thus best main¬ 
tain a position which, while it will enable us the more 
readily to meet the advances of other countries calculated 
to promote our trade and commerce, and will at the same 
time leave in our own hands the means of retaliating with 
greater effect unjust regulations. 

In intimate connexion with the question of revenue is 
that which makes provision for a suitable fiscal agent ca¬ 
pable of adding increased facilities in the collection and 
disbursement of the public revenues, rendering more se¬ 
cure their custody, and consulting a true economy in the 
great multiplied and delicate operations of the Treasury 
Department. Upon such an agent, depends, in an emi¬ 
nent degree, the establishment of a currency uniform in 
value, which is of so great importance to all the essential 
interests of society ; and on the wisdom to be manifested 
in its creation much depends. 

So intimately interwoven are its operations, not only 
with the interests of individuals, but with those of the 
States, that it may be regarded in a great degree as con¬ 
trolling both. If paper be used as the chief medium of 
circulation, and the power be vested in the Government 
of using it at pleasure, either in the form of Treasury 


Tyler’s first messag-e. 


253 


ilrafts or any other, or if banks be used as the public de¬ 
positories, with liberty to regard all surplusses, from day 
to day as so much added to their active capital, prices are 
exposed to constant fluctuations, and industry to severe 
suffering. In the one case, political considerations, di¬ 
rected to party purposes, may control, while excessive 
cupidity may prevail in the other. The public is thus 
constantly liable to imposition. Expansions and contrac¬ 
tions may follow each other in rapid succession, the one 
engendering a reckless spirit of adventure and speculation, 
which embraces States as well as individuals; the other 
causing a fall in prices, and accomplishing an entire 
change in the aspect of affairs. Stocks of all kinds ra¬ 
pidly decline—individuals are ruined, and States embar¬ 
rassed even in their efforts to meet with punctuality the 
interest on their debts. Such, unhappily, is the state of 
things now existing in. the United States. These effects 
may readily be traced to the causes above referred to. 
The public revenues, on being removed from the Bank of • 
the United States, under an order of the late President, 
were placed in selected Banks, which actuated by the 
double motive of conciliating the Government and aug¬ 
menting their profits to the greatest possible extent, en¬ 
larged extravagantly their discounts, thus enabling all 
other existing banks to do the same. 

Large dividends were declared, which, stimulating the 
Mipidity of capitalists, caused a rush to be made to the 
legislatures of the respective States for similar acts of in¬ 
corporation, which, by many of the States, under a tem¬ 
porary infatuation, were readily granted, and thus the 
augmentation of the circulating medium, consisting al¬ 
most exclusively of paper, produced a most fatal delusion. 
An illustration, derived from the land sales of the period 
alluded to, will serve best to show the effect of the whole 
system. The average sales of the public lands, for a 
period often years prior to 1834, had not much exceeded 
82,000,000 per annum. In 1834 they attained in round 
numbers, to the amount of $6,000,000. In the succeeding 
year, of 1835, they reached $16,000,000. And the next 
year, of 1836, they amounted to the enormous sum of 
$25,000,000. Thus crowded into the short space of three 
22 


254 


THE TRUE REPUBLICAN. 


years upwards of twenty-three years’ puichase of the 
public domain. So apparent had become the necessity 
of arresting this course of things, that the Executive de¬ 
partment assumed the highly questionable power of dis¬ 
criminating in the funds to be used in payment by dif¬ 
ferent classes of public debtors—a discrimination which 
was doubtless designed to correct this most ruinous state 
of things by the exaction of specie in all payments for 
the public lands, but which could not at once arrrest the 
tide which had so strongly set in. Hence the demands 
for specie became unceasing, and corresponding prostra¬ 
tion rapidly ensued under the necessities created with the 
banks to curtail their discounts, and thereby to reduce 
their circulation. I recur to these things with no dispo¬ 
sition to censure pre-existing administrations of the Go¬ 
vernment, but simply in exemplification of the truth of 
the position which I have assumed. If, then, any fiscal 
agent which may be created, shall be placed, without 
due restrictions, either in the hands of the administrators 
of the Government, or those of private individuals, the 
temptation to abuse will prove resistless. 

Objects of political aggrandizement may seduce the 
first, and the promptings of a boundless cupidity will as¬ 
sail the last. Aided by the experience of the past, it will 
be the pleasure of Congress so to guard and fortify the 
public interests in the creation of any new agent, so as to 
place them, so far as human wisdom can accomplish it, 
on a footing of perfect security. Within a few years past, 
three different schemes have been before the country. The 
charter of the Bank of the United States expired by its 
own limitation in 1836. An effort was made to renew 
it, which received the sanction of the two houses of Con¬ 
gress, but then the President of the United States exer¬ 
cised the veto power, and the measure was defeated. A 
regard to truth requires me to say that the President was 
fully sustained in the course he had taken, by the popu¬ 
lar voice. His successor to the Chair of State unquali¬ 
fiedly pronounced his opposition to any new charter of a 
similar institution; and not only the popular election 
which brought him into power, but the elections through 
much of his term, seemed clearly to indicate a concur* 


TYLER S FIRST MESSAGE 


255 


rence with him in sentiment, on the part of the people. 
After the public moneys were withdrawn from the United 
States Bank, they were placed in deposit with the State 
Banks, and the result of that policy has been before the 
country. To say nothing as to the question whether that 
experiment was made under propitious or adverse circum¬ 
stances, it may safely be asserted that it did receive the un¬ 
qualified condemnation of most of its early advocates, and 
it is believed was also condemned by the popular senti¬ 
ment. The existing Sub-Treasury system does not seem 
to stand in higher favor with the people, but has recently 
been condemned in a manner too plainly indicated to 
admit of a doubt. Thus, in the short period of eight 
years, the popular voice may be regarded as having suc¬ 
cessfully condemned each of the three schemes of finance 
to which I have adverted. 

As to the first, it was introduced at a time (1816) when 
the State banks then comparatively few in number, had 
been forced to suspend specie payments, by reason of the 
war which had previously prevailed with Great Britain. 
Whether, if the United States Bank charter which ex¬ 
pired in 1811 had been renewed in due season, it would 
have been enabled to continue specie payments during 
the war and the disastrous period to the commerce of the 
country which immediately succeeded, is, to say the least, 
problematical;—and whether the United States Bank of 
1810' produced a restoration of specie payments, or the 
same was accomplished through the instrumentality of 
other means, was a matter of some difficulty at that time 
to determine. Certain it is, that for the first years of the 
operation of that bank, its course was as disastrous as for 
the greater part of its subsequent career it became emi¬ 
nently successful. 

As to the second, the experiment was tried with a re¬ 
dundant Treasury, which continued to increase until it 
seemed to be the part of wisdom to distribute the surplus 
revenue among the States, which, operating at the same 
time with the specie circular, and the causes before ad¬ 
verted to, caused them to suspend specie payments, and 
involved the country in the greatest embarrassment. And, 

to the third, if carried through all the stages of trans« 


256 


THE TRUE REPUBLICAN. 


formation, from paper and specie to nothing but tne pre¬ 
cious metals, to say nothing of the insecurity of the pub¬ 
lic moneys, its injurious effects have been anticipated by 
the country in its unqualified condemnation. 

What is now to be regarded as the judgment of the 
American people on this whole subject, I have no accu¬ 
rate means of determining, but by appealing to their more 
immediate representatives. The laie contest which termi¬ 
nated in the election of General Harrison to the Presiden¬ 
cy, was decided on principles well known and openly 
declared—and while the Sub-Treasury received in the 
result the most decided condemnation, no other scheme 
of finance seemed to have been concurred in. To you, 
then, who have come more immediately from the body 
of our common constituents, I submit the entire question, 
as best qualified to give a full exposition of their wishes 
and opinions. I am ready to concur with you in the adop¬ 
tion of such system as you may propose, reserving to 
myself the ultimate power of rejecting any measure which 
may in my view of it conflict with the Constitution, or 
otherwise jeopard the prosperity of the country—a power 
which I could not part wfith even if I would, but w r hich I 
will not believe any act of yours will call into requisition. 

1 cannot avoid recurring, in connexion with this subject, 
to the necessity which exists for adopting some suitable 
measure whereby the unlimited creation of banks by the 
States may be corrected in future. Such result can be 
most readily achieved by the consent of the States, to be 
expressed in the form of a compact among themselves, 
which they can only enter into with the consent and ap¬ 
probation of this Government; a consent which might, in 
the present emergency of the public demands, justifiably 
be given in advance of any action by the States, as an in¬ 
ducement to such action upon terms well defined by the 
act of the tender. Such a measure addressing itself to 
the calm reflection of the States, would find in the expe¬ 
rience of the past, and the condition of the present, much 
to sustain it. And it is greatly to be doubted whether 
any scheme of finance can prove for any length of time 
successful, while the States shall continue in the unre¬ 
strained exercise of the power of creating banking corpo 


tyler’s first message. 25? 

rations. This power can only be limited by their con 
sent. 

With the adoption of a financial agency of a satisfactory 
character, the hope may be indulged that the country will 
once more return to a state of prosperity. Measures 
auxiliary thereto, and in some measure inseparably con¬ 
nected with its success, will doubtless claim the attention 
of Congress. Among such, a distribution of the proceeds 
of the sales of the public lands, provided such distribution 
does not force upon Congress the necessity of imposing 
upon commerce heavier burthens than those contemplated 
by the act of 1833, would act as an efficient remedial 
measure by being brought directly in aid of the States. 
As one sincerely devoted to the task of preserving a just 
balance in our system of Government, by the maintenance 
of the States in a condition the most free and respectable, 
and in the full possession of all their power, I can no 
otherwise than feel desirous for their emancipation from 
the situation to which the pressure of their finances now 
subjects them. 

And, while I must repudiate as a measure founded in 
eiror, and wanting constitutional sanction, the slightest 
approach to an assumption by this Government of the 
debts of the States, yet I can see in the distribution ad¬ 
verted to, much to recommend it. The compacts between 
the proprietor States and this Government, expressly 
guaranty to the States all the benefits which may arise 
from tne sales. The mode by which this is to be effected 
addresses itself to the discretion of Congress, as the trus¬ 
tee for the States; and its exercise, after the most bene¬ 
ficial manner, is restrained by nothing in the grants or in 
the Constitution, so long as Congress shall consult that 
equality in the distribution which the compacts require. 

In the present condition of some of the States, the ques¬ 
tion of distribution may be regarded as substantially a 
question between direct and indirect taxation. If the dis¬ 
tribution be not made in some form or other, the necessi¬ 
ty will daily become more urgent with the debtor States for 
a resort to an oppressive system of direct taxation, or 
their credit, and necessarily their power and influence, 
will be greatly diminished. The payment of taxes, aftei 


258 


THE TRUE REPUBLICAN. 


the most inconvenient and oppressive mode, will "be ex* 
acted in place of contributions for the most part volun¬ 
tarily made, and therefore comparatively unoppressive 
The States are emphatically the constituents of this Go¬ 
vernment ; and we should be entirely regardless of the 
objects held in view by them in the creation of this 
Government, if we could be indifferent to their good. 
The happy effects of such a measure upon all the States 
would immediately be manifested. With the debtor 
States it would effect the relief to a great extent of the 
citizens from a heavy burden of direct taxation, which 
presses with severity on the laboring classes, and emi¬ 
nently assist in restoring the general prosperity. An im¬ 
mediate advance would take place in the price of the 
State securities, and the attitude of the States would be¬ 
come once more, as it should ever be, lofty and erect.— 
With States laboring under no extreme pressure from 
debt, the fund which they would derive from this source 
would enable them to improve their condition in an emi¬ 
nent degree. 

So far as this government is concerned, appropriations 
to domestic objects, approaching in amount the revenue 
derived from the land sales, might be abandoned, and thus 
a system of unequal and therefore unjust legislation would 
be substituted by one dispensing equality to all the mem¬ 
bers of this confederacy. Whether such distribution 
should be made directly to the States in the proceeds of 
the sales, or in the form of profits by virtue of the opera¬ 
tions of any fiscal agency having these proceeds as its ba¬ 
sis, should such measure be contemplated by Congress, 
would well deserve its consideration. Nor would such 
disposition of the proceeds of the public sales in any 
manner prevent Congress from time to time from passing 
all necessary pre-emption laws for the benefit of actual 
settlers, or from making any new arrangement as to the 
price of the public lands which might in future be esteem¬ 
ed desirable. 

1 beg leave particularly to call your attention to the ac¬ 
companying report from the Secretary of War. Be¬ 
sides the present state of the war which has long afflicted 
the Territory of Florida, and the various other matters of 


tyler’s first message. 


259 


interest therein referred to, you will learn from it that the 
Secretary has instituted an inquiry into abuses which pro 
mises to develope gross enormities in connection with In¬ 
dian treaties which have been negotiated, as well as the 
expenditures for the removal and subsistence of tl\e In¬ 
dians. He represents, also, other irregularities of a se¬ 
rious nature that have grown up in the practice of the In¬ 
dian department, which will require the appropriation of 
upwards of $200,000 to correct, and which claim the im¬ 
mediate attention of Congress. 

In reflecting on the proper means of defending the coun¬ 
try, we cannot shut our eyes to the consequences which 
the introduction and use of the power of steam upon the 
ocean are likely to produce in wars between maritime 
States. We cannot yet see the extent to which this pow¬ 
er may be applied in belligerent operations, connecting it¬ 
self as it does with recent improvements in the science of 
gunnery and projectiles ; but we need have no fear of be¬ 
ing left, in regard to these things, behind the most active 
and skilful of other nations, if the genius and enterprise 
of our fellow-citizens receive proper encouragement and 
direction from Government. 

True wisdom would, nevertheless, seem to dictate the 
necessity of placing in perfect condition those fortifica¬ 
tions which are designed for the protection of our princi 
pal cities and railroads. For the defence of our extended 
maritime coast, our chief reliance should be placed on our 
Navy, aided by those inventions which are destined to re¬ 
commend themselves to public adoption. But no time 
should be lost in placing our principal cities on the sea¬ 
board and the lakes in a state of entire security from for¬ 
eign assault. Separated as we are from the countries of the 
old world, and in much unaffected by their policy, we are 
happily relieved from the necessity of maintaining large 
standing armies in times of peace. The policy which 
was adopted by Mr. Monroe, shortly after the conclusion 
of the late war with Great Britain, of preserving a regular 
organized staff sufficient for the command of a large mil¬ 
itary force, should a necessity for one arise, is founded as 
well in economy as in true wisdom. Provision is thus 
made, upon filling up the rank and file, which can readily 


260 


THE TRUE REPUBLICAN. 


be done on any emergency, for the introduction of a sy&* 
tern of discipline both promptly and efficiently. All that 
is required in time of peace is to maintain a sufficient num¬ 
ber of men to guard our fortifications, to meet any sudden 
contingency, and to encounter the first shock of war. Our 
chief reliance must be placed on the militia. They con¬ 
stitute the great body of national guards, and, inspired by 
an ardent love of country, will be found ready at all times, 
and at all seasons, to repair with alacrity to its defence. 
It will be regarded by Congress, I doubt not, at a suitable 
time, as one of its highest duties to attend to their com¬ 
plete organization and discipline. 

The state of the Navy Pension Fund requires the imme¬ 
diate attention of Congress. By the operation of the act 
of the 3d of March, 1837, entitled “An act for the more 
equitable administration of the Navy Pension Fund,” that 
fund has been exhausted. It will be seen from the ac¬ 
companying report of the Commissioner of pensions that 
there will be required for the payment of Navy pension¬ 
ers, on the first of July next, $84,006 06|, and on 
the first of January, 1842, the sum of $60,000. In addi¬ 
tion to these sums, about $8,000 will be required to pay 
arrears of pensions, which will probably be allowed be¬ 
tween the first of July and the first of January, 1842, 
making in the whole, $150,006 06|. To meet these 
payments there is within the control of the department the 
sum of $28,040, leaving a deficit of $121,966 06j. The 
public faith requires that immediate provision should be 
made for the payment of these sums. 

In order to introduce into the Navy a desirable effi¬ 
ciency, a new system of accountability may be found to 
be indispensably necessary. To mature a plan having 
for its object the accomplishment of an end so important, 
and to meet the just expectations of the country, require 
more time than has yet been allowed to the Secretary at 
the head ef the department. The hope is indulged that 
by the time of your next regular session measures of im¬ 
portance, in connexion with this branch of the public ser¬ 
vice, may be matured for your consideration. 

A though the laws regulating the Post-Office depart¬ 
ment only require from the officer charged wth its direction 


tyler’s first message. 


2G1 


to report at the usual annual session of Congress, the Post 
Master General has presented to me some facts connected 
with the financial condition of the Department which are 
deemed worthy the attention of Congress. 

By the accompanying report of that officer, it appears 
that the existing liabilities of that Department beyond the 
means of payment at its command cannot be less than 
five hundred thousand dollars. As the laws organizing 
that branch of the public service confine the expenditure 
to its own revenues, deficiencies therein cannot be pre¬ 
sented under the usual estimates for the expenses of Gov¬ 
ernment. It must therefore be left to Congress to deter¬ 
mine whether the moneys now due to contractors shall 
be paid from the public Treasury, or whether that De¬ 
partment shall continue under its present embarrassments. 
It will be seen by the report of the Post Master General, 
that the recent lettings of contracts in several of the 
States, have been made at such reduced rates of compen¬ 
sation as to encourage the belief that, if the department 
was relieved from existing difficulties its future operations 
might be conducted without any further call upon the 
general Treasury. 

The power of appointing to office is one of a character 
the most delicate and responsible. The appointing pow¬ 
er is evermore exposed to be led into error. With anx¬ 
ious solicitude to select the most trustworthy for official 
stations, I cannot be supposed to possess a personal 
knowledge of the qualifications of every applicant. I 
deem it therefore proper, in this most public manner, to 
invite, on the part of the Senate, a just scrutiny into the 
character and pretensions of every person whom I may 
bring to their notice in the regular form of a nomination 
for office. Unless persons every way trustworthy are 
employed in the public service, corruption and irregularity 
will inevitably follow. I shall with the greatest cheerful¬ 
ness, acquiesce in the decision of that body, and, it is 
wisely constituted to the Executive department in the pei- 
formance of this delicate duty, I shall look to its ‘ consent 
and advice,’ as given only in furtherance of the best in 
terests of the country. 


262 


THE TRUE REPUBLICAN. 


I shall, also, at the earliest proper occasion, invite the 
attention of Congress to such measures as in my judg¬ 
ment will be best calculated to regulate and control the 
Executive power in reference to this vitally important 
subject. 

I shall also, at the proper season, invite your personal 
attention to the statutory enactments for the suppression 
of the slave trade, which may require to be rendered more 
efficient in their provisions. There is reason to believe 
that the traffic is on the increase. Whether such increase 
is to be ascribed to the abolition of slave labor in the 
British possessions in our vicinity, and an attendant dimi¬ 
nution in the supply of those articles which enter into the 
general consumption of the world, thereby augmenting 
the demand from other quarters, and thus calling for ad¬ 
ditional labor, it were needless to inquire. The highest 
considerations of public honor as well as the strongest 
promptings of humanity, require a resort to the most vi¬ 
gorous efforts to suppress the trade. 

In conclusion, I beg to invite your particular attention 
to the interests of this District. Nor do I doubt that, in 
a liberal spirit of legislation, you will seek to advance its 
commercial as well as its local interests. Should Con¬ 
gress deem it to be its duty to repeal the existing Sub- 
Treasury law, the necessity of providing a suitable place 
of deposit for the public moneys which may be required 
within the District must be apparent to all. 

I have felt it to be due to the country to present the 
foregoing topics to your consideration and reflection. 
Others, with which it might not seem proper to trouble 
you at an extraordinary session, will be laid before you 
at a future day. I am happy in committing the important 
affairs of the country into your hands. The tendency of 
public sentiment, I am pleased to believe, is towards the 
adoption, in a spirit of union and harmony, of such mea¬ 
sures as will fortify the public interests. 

To cherish such a tendency of public opinion is the 
task of an elevated patriotism. That differences of 
opinion as to the means of accomplishing these desirable 
objects should exist, is reasonably to be expected. Not 
can all be made satisfied with any system of measures 
But I flatter myself with the hope that the great body of 

































































■ . 


' 


1 




















































polk’s inaugural address 


263 


the people will readily unite in suppport of those whose 
efforts spring from a disinterested desire to promote their 
happiness; to preserve the Federal and State Govern¬ 
ments within their respective orbits; to cultivate peace 
with all the nations of the earth, on just and honorable 
grounds; to exact obedience to the laws ; to entrench 
liberty and property in full security, and, consulting the 
most rigid economy, to abolish all useless expenses. 


POLK’S INAUGURAL ADDRESS. 

March 4, 1815. 

Fellow citizens : Without solicitation on my part, 
I have been chosen by the free and voluntary suffrages 
of my countrymen to the most honorable and most 
responsible oflice on earth. I am deeply impressed with 
gratitude for the confidence reposed in me. Honored 
with this distinguished consideration at an earlier period 
of life than any of my predecessors, 1 cannot disguise 
the diffidence with which l am about to enter on the dis¬ 
charge of my official duties. 

If the more aged and experienced men who have filled 
the office of President of the United States, even in the 
infancy of the republic, distrusted their ability to dis¬ 
charge the duties of that exalted station, what ought not 
to be the apprehensions of one so much younger and 
less endowed, now that our domain extends from ocean 
to ocean, that our people have so greatly increased in 
numbers, and at a time when so great diversity of 
opinion prevails in regard to the principles and policy 
which should characterize the administration of our 
government? Well may the boldest fear, and the 
wisest tremble, when incurring responsibilities on which 
may depend our country’s peace and prosperity, and, in 
some degree, the hopes and happiness of the whole 
human family. 

In assuming responsibilities so vast, I fervently invoke 
the aid of that Almighty Ruler <*f the universe, in whosu 



264 


folk’s inaugural address. 


hands are the destinies of nations and of men, to guard 
this heaven-favored land against the mischiefs which, 
without his guidance, might arise from an unwise pub¬ 
lic policy. With a firm reliance upon the wisdom of 
Omnipotence to sustain and direct me in the path of duty 
which I am appointed to pursue, I stand in the presence 
of this assembled multitude of my countrymen, to take 
upon myself the solemn obligation, “ to the best of my 
ability, to preserve, protect, and defend the constitution 
of the United States.” 

A concise enumeration of the principles which will 
guide me in the administrative policy of the government, 
is not only in accordance with the examples set me by 
all my predecessors, but is eminently befitting the occasion. 

The constitution itself, plainly written as it is, the 
safeguard of our federative compact, the offspring of con¬ 
cession and compromise, binding together in the bonds 
of peace and union this great and increasing family of 
free and independent States, will be the chart by which I 
shall be directed. 

It will be my first care to administer the government 
in the true spirit of that instrument, and to assume no 
powers not expressly granted, or clearly implied in its 
terms. The government of the United States is one of 
delegated and limited powers ; and it is by a strict ad¬ 
herence to the clearly granted powers, and by abstaining 
from the exercise of doubtful or unauthorized implied 
powers, that we have the only sure guaranty against the 
recurrence of those unfortunate collisions between the 
federal and State authorities, which have occasionally 
so much disturbed the harmony of our system, and even 
threatened the perpetuity of our glorious Union. 

“ To the States respectively, or to the people,” 
b.ave been reserved “ the powers not delegated to the 
United States by the constitution, nor prohibited by it to 
the States.” Each State is a complete sovereignty with¬ 
in the sphere of its reserved powers. The government 
of the Union, acting within the sphere of its delegated 
authority, is also a complete sovereignty. While the 
general government should abstain from the exercise of 
authority not clearly delegated to it, the States should be 


polk’s inaugural address. 


265 


equally careful that, in the maintenance of their rights, 
they do not overstep the limits of powers reserved to 
them. One of the most distinguished of my predeces¬ 
sors attached deserved importance to “ the support of the 
State governments in all their rights, as the most compe¬ 
tent administration for our domestic concerns, and the 
surest bulwark 3gainst anti-republican tendencies and 
to the “ preservation of the general government in its 
whole constitutional vigor, as the sheet-anchor of our 
peace at home, and safety abroad.” 

To the government of the United States has been in¬ 
trusted the exclusive management of our foreign affairs. 
Beyond that, it wields a few general enumerated powers. 
It does not force reform on the States. It leaves indi¬ 
viduals, over whom it casts its protecting influence, en¬ 
tirely free to improve their own condition by the legitimate 
exercise of all their mental and physical powers. It is 
a common protector of each and all the States ; of every 
man who lives upon our soil, whether of native or foreign 
birth ; of every religious sect, in their worship of the 
Almighty according to the dictates of their own con¬ 
science ; of every shade of opinion, and the most free 
inquiry ; of every art, trade, and occupation, consistent 
with the laws of the States. And we rejoice in the 
general happiness, prosperity, and advancement of our 
country, which have been the offspring of freedom, and 
not of power. 

This most admirable and wisest system of well-regu¬ 
lated self government among men, ever devised by human 
minds, has been tested by its successful operation for 
more than half a century ; and, if preserved from the 
usurpations of the federal government on the one hand, 
and the exercise by the States of powers not reserved to 
them on the other, will, I fervently hope and believe, 
endure for ages to come, and dispense the blessings of 
civil and religious liberty to distant generations. To ef¬ 
fect objects so dear to every patriot, I shall devote my¬ 
self with anxious solicitude. It will be my desire to 
guard against that most fruitful source of danger to the 
harmonious action of our system, w hich consists in sub¬ 
stituting the mere discretion and caprice of the executive, 
23 


200 polk's inaugural address. 

or of majorities in the legislative department of the 
government, for powers which have been withheld from 
the federal government by the constitution. By the 
theory of our government, majorities rule ; but this right 
is not an arbitrary or unlimited one. It is a right to be 
exercised in subordination to the constitution, and in 
conformity to it. One great object of the constitution 
was to restrain majorities from oppressing minorities, or 
encroaching upon their just rights. Minorities have a 
right to appeal to the constitution, as a shield against 
such oppression. 

That the blessings of liberty which our constitution 
secures may be enjoyed alike by minorities and majori¬ 
ties, the executive has been wisely invested with a quali¬ 
fied veto upon the acts of the Legislature. It is a nega¬ 
tive power, and is conservative in its character. It 
arrests for the time, hasty, inconsiderate, or unconstitu¬ 
tional legislation; invites reconsideration, and tranfers 
questions at issue between the legislative and executive 
departments to the tribunal of the people. Like all 
other powers, it is subject to be abused. When judi¬ 
ciously and properly exercised, the constitution itself 
may be saved from infraction, and the rights of all pre¬ 
served and protected. 

The inestimable value of our federal Union is felt and 
acknowledged by all. By this system of united and 
confederated States, our people are permitted, collectively 
and individually, to seek their own happiness in their 
own way ; and the consequences have been most auspi¬ 
cious. Since the Union was formed, the number of the 
States has increased from thirteen to twenty-eight: two 
of these have taken their positions as members of the 
confederacy within the last week. Our population has 
increased from three to twenty millions. New commu¬ 
nities and States are seeking protection under its aegis, 
and multitudes from the Old World are flocking to our 
shores to participate in its blessings. Beneath its be¬ 
nign sway, peace and prosperity prevail. Freed from 
the burdens and miseries of war, our trade and inter¬ 
course have extended throughout the world. Mind, no 
longer tasked in devising means to accomplish or resist 


folk’s inaugural Ar dress. 


257 


schemes of ambition, usurpation, or conquest, is devo¬ 
ting itself to man’s true interests, in developing his 
faculties and powers, and the capacity of nature to minis¬ 
ter to his enjoyments. Genius is free to announce its 
inventions and discoveries; and the hand is free to ac¬ 
complish whatever the head conceives, not incompatible 
with the rights of a fellow being. All distinctions of 
birth or of rank have been abolished. All citizens, 
whether native or adopted, are placed upon terms of 
precise equality. All are entitled to equal rights and 
equal protection. No union exists between church and 
state, and perfect freedom of opinion is guarantied to all 
sects and creeds. 

These are some of the blessings secured to our happy 
land by our federal Union. To perpetuate them, it is 
our sacred duty to preserve it. Who shall assign limits 
to the achievements of free minds and free hands, under 
the protection of this glorious Union? No treason to 
mankind, since the organization of society, would be 
equal in atrocity to that of him who would lift his hand 
to destroy it. He would overthrow the noblest struc¬ 
ture of human wisdom, which protects himself and his 
fellow-man. He would stop the progress of free govern¬ 
ment, and involve his country either in anarchy or despo¬ 
tism. He would extinguish the fire of liberty which warms 
and animates the hearts of happy millions, and invites all 
the nations of the earth to imitate our example. If he say 
that error and wrong are committed in the administration 
of the government, let him remember that nothing human 
can be perfect; and that under no other system of gov¬ 
ernment revealed by Heaven, or devised by man, has 
reason been allowed so free and broad a scope to combat 
error. Has the sword of despots proved to be a safer or 
surer instrument of reform in government than en¬ 
lightened reason ? Does he expect to find among the 
ruins of this Union a happier abode for our swarming 
millions than they now have under it? Every lover of 
his country must shudder at the thought of the possibility 
of its dissolution, and will be ready to adopt the patriotic 
sentiment, “ Our federal Union—it must be preserved.” 
To preserve it, the compromises which alone enabled 


2G8 


polk’s inaugural address. 


our fathers to form a common constitution for the govern 
merit and protection of so many States, and distinct com¬ 
munities, of such diversified habits, interests, and do¬ 
mestic institutions, must be sacredly and religiously ob¬ 
served. Any attempt to disturb or destroy these com¬ 
promises, being terms of the compact of Union, can lead 
to none other than the most ruinous and disastrous con¬ 
sequences. 

It is a source of deep regret that, in some sections of 
our country, misguided persons have occasionally in¬ 
dulged in schemes and agitations, whose object is the 
destruction of domestic institutions existing in other 
sections—institutions which existed at the adoption of 
the constitution, and were recognized and protected by 
it. All must see that if it were possible for them to be 
successful in attaining their object, the dissolution of the 
Union, and the consequent destruction of our happy form 
of government, must speedily follow. 

I am happy to believe that at every period of our 
existence as a nation, there has existed, and continues 
to exist, among the great mass of our people, a devotion 
to the Union of the States, which will shield and pro¬ 
tect it against the moral treason of any who would seri¬ 
ously contemplate its destruction. To secure a continu¬ 
ance of that devotion, the compromises of the constitu¬ 
tion must not only be preserved, but sectional jealousies 
and heart-burnings must be discountenanced ; and all 
should remember that they are members of the same 
political family, having a common destiny. To increase 
the attachment of our people to the Union, our laws 
should be just. Any policy which shall tend to favor 
monopolies, or the peculiar interests of sections or classes, 
must operate to the prejudice of the interests of their 
fellow-citizens, and should be avoided. If the comprom¬ 
ises of the constitution be preserved,—if sectional 
jealousies and heart-burnings be discountenanced,—if 
our laws be just, and the government be practically ad¬ 
ministered strictly within the limits of power prescribed 
to it,—we may discard all apprehensions for the safety 
of the Union. 

With these views of the nature, character, and objects 


POLa^S inaugural address. 


2G9 


of the government, and the value of the Union, I shall 
steadily oppose the creation of those institutions and sys¬ 
tems which, in their nature, tend to pervert it from its 
legitimate purposes, and make it the instrument of sec¬ 
tions, classes, and individuals. We need no national 
banks, or other extraneous institutions, planted around 
the government to control or strengthen it in opposition 
to the will of its authors. Experience has taught us 
iiow unnecessary they are as auxiliaries of the public 
authorities, how impotent for good, and how powerful 
for mischief. 

Ours was intended to be a plain and frugal govern¬ 
ment ; and 1 shall regard it to be my duty to recommend 
to Congress, and, as far as the executive is concertied, 
to enforce by all the means within my power, the strict¬ 
est economy in the expenditure of the public money, 
which may be compatible with the public interest. 

A national debt has become almost an institution of 
European monarchies. It is viewed, in some of them, 
as an essential prop to existing governments. Melan¬ 
choly is the condition of that people whose government 
can be sustained only by a system which periodically 
transfers large amounts from the labor of the many to the 
coffers of the few. Such a system is incompatible with 
the ends for which our republican government was insti¬ 
tuted. Under a wise policy, the debts contracted in oui 
revolution, and djuring the war of 1812, have been hap¬ 
pily extinguished. By a judicious application of the 
revenues, not required for other necessary purposes, it 
is not doubted that the debt which has grown out of the 
circumstances of the last few years may be speedily 
paid off. 

I congratulate my fellow-citizens on the entire restora¬ 
tion of the credit of the general government of the Union, 
and that of many of the States. Happy would it be for 
the indebted States if they were freed from their liabili¬ 
ties, many of which were incautiously contracted. Al¬ 
though the government of the Union is neither in a legal 
nor a moral sense bound for the debts of the States, and 
it would be a violation of our compact of Union to as- 
fcume them, yet we cannot but feel a deep interest in 


270 


polk’s inaugural address. 


seeing all the States meet their public liabilities, and pay 
off their just debts, at the earliest practicable period. 
That they will do so, as soon as it can be done without 
imposing too heavy burdens on their citizens, there is no 
reason to doubt. The sound, moral, and honorable 
feeling of the people of the indebted States, cannot be 
questioned; and we are happy to perceive a settled dis¬ 
position on their part, as their ability returns, after a 
season of unexampled pecuniary embarrassment, to pay 
off all just demands, and to acquiesce in any reasonable 
measures to accomplish that object. 

One of the difficulties which we have had to encoun¬ 
ter in the practical administration of the government, 
consists in the adjustment of our revenue laws, and the 
levy of the taxes necessary for the support of the govern¬ 
ment. In the general proposition, that no more money 
shall be collected than the necessities of an economical 
administration shall require, all parties seem to acquiesce. 
Nor does there seem to be any material difference of 
opinion as to the absence of riglit in the government to 
tax one section of country, or one class of citizens, or 
one occupation, for the mere profit of another. “ Jus¬ 
tice and sound policy forbid the federal government to 
foster one branch of industry to the detriment of another, 
or to cherish the interests of one portion to the injury of 
another portion of our common country.” I have here¬ 
tofore declared to my fellow-citizens that, in “ my judg¬ 
ment, it is the duty of the government to extend, as far 
as it may be practicable to do so, by its revenue laws, 
and all other means within its power, fair and just protec¬ 
tion to all the great interests of the whole Union, embra¬ 
cing agriculture, manufactures, the mechanic arts, co 
merce and navigation.” I have also declared my opinion to 
be “in favor of a tariff for revenue,’’ and that “ in adjusting 
the details of such a tariff, I have sanctioned such mode¬ 
rate discriminating duties as would produce the amount 
of revenue needed, and at the same time, afford reason¬ 
able incidental protection to our home industry,” and 
that I was “ opposed to a tariff for protection merely, 
snd not for revenue.” 

The power “ to lay and collect taxes, duties, imposts, 


polk’s inaugural address. 


271 


and excises,” was an indispensable one to be conferred 
on the federal government, which, without it, would 
possess no means of providing for its own support. In 
executing this power, by levying a tariff of duties for 
the support of government, the raising of revenue should 
be the object , and protection the incident. To reverse 
this principle, and make protection the object , and 
revenue the incident , would be to inflict manifest injus¬ 
tice upon all other than the protected interests. In levy¬ 
ing duties for revenue, it is doubtless pioper to make 
such discriminations within the revenue principle, as 
will afford incidental protection to our home interests. 
Witnin the revenue limit, there is discretion to discrim¬ 
inate ; beyond that limit, the rightful exercise of the 
power is not conceded. The incidental protection af¬ 
forded to our home interests by discriminations within 
the revenue range, it is believed will be ample. In 
making discriminations, all our home interests should, 
as far as practicable, be equally protected. The largest 
portion of our people are agriculturists. Others are em¬ 
ployed in manufactures, commerce, navigation, and ti e 
mechanic arts. They are all engaged in their respective 
pursuits, and their joint labors constitute the national or 
home industry. To tax one branch of this home indus¬ 
try for the benefit of another, would be unjust. No one 
of these interests can rightfully claim an advantage over 
the others, or to be enriched by impoverishing the others. 
All are equally entitled to ihe fostering care and protec¬ 
tion of the government. In exercising a sound discre 
tion in levying discriminating duties within the limit 
prescribed, care should be taken that it be done in a 
manner not to benefit the wealthy few, at the expense 
of the toiling millions, by taxing lowest the luxuries of 
life, or articles of superior quality and high price, which 
can only be consumed by the wealthy; and highest the 
necessaries of life, or articles of course quality and low 
price, which the poor and great mass of our people must 
consume. The burdens of government should, as far as 
practicable, be distributed justly and equally among all 
ciasses of our population. These general views, long 
entertained on this subject, 1 have deemed it proper to 


272 


polk’s inaugural address. 


reiterate. It is a subject upon which conflicting interests 
of sections and occupations are supposed to exist, and a 
spirit of mutual concession and compromise in adjusting 
its details should be cherished by every part of our wide¬ 
spread country, as the only means of preserving harmo¬ 
ny and a cheerful acquiescence of all in the operation of 
our revenue laws. Our patriotic citizens in every part 
ot the Union will readily submit to the payment of such 
taxes as shall be needed for the support of their govern¬ 
ment, whether in peace or in war, if they are so levied as 
to distribute the burdens as equally as possible among them. 

The Republic of Texas has made known her desire to 
come into our Union, to form a part of our confederacy, 
and enjoy with us the blessings of liberty secured and 
guarantied by our constitution. Texas was once a part 
of our country—was unwisely ceded away to a foreign 
power—is now independent and possesses an undoubted 
right to dispose of a part or the whole of her territory, 
and to merge her sovereignty, as a seperate and indepen¬ 
dent State, in ours. I congratulate my country that, by 
an act of the late Congress of the United States, the as¬ 
sent of this government has been given to the re-union *, 
and it only remains for the two countries to agree upon 
the terms, to consummate an object so important to both. 

I regard the question of annexation as belonging ex¬ 
clusively to the United States and Texas. They are in¬ 
dependent powers, competent to contract; and foreign 
nations have no right to interfere with them, or to take 
exceptions to their re-umon. Foreign powers do not 
deem to appreciate the true character of our government 
Our Union is a confederation of independent States, 
whose policy is peace with each other and all the world. 
To enlarge its limits is to extend the dominion of peace 
over additional territories and increasing millions. The 
world lias nothing to fear from military ambition in our 
government. While the chief magistrate and the popu¬ 
lar branch of Congress are elected for short terms by the 
suffrages of those millions who must, in their own per¬ 
sons, bear all the burdens and miseries of war, our gov¬ 
ernment cannot be otherwise than pacific. Foreign 
powers should, therefore, look on the annexation of Tex- 


POLK INAUGURAL ADDRESS. 


273 


*s to the United States, not as the conquest of a nation 
seeking to extend her dominions by arms and violence, 
but as the peaceful acquisition of a territory once hei 
own, by adding another member to our confederation, 
with the consent of that member—thereby diminishing 
the chanches of war, and opening to them new and ever- 
increasing markets for their products. 

To Texas the re-union is important, because the strong 
protecting arm of our government would be extended 
over her, and the vast resources of her fertile soil and 
genial climate would be speedily developed; while the 
safety of New Orleans, and of our whole southwestern 
frontier against hostile aggression, as well as the interests 
of the whole Union, would be promoted by it. 

In the earlier stages of our national existence, the 
opinion prevailed with some, that our system of confe¬ 
derated States could not operate successfully over an ex¬ 
tended territory, and serious objections have, at different 
times, been made to the enlargement of our boundaries. 
These objections were earnestly urged when we acquired 
Louisiana. Experience has shown that they were not 
well founded. The title of numerous Indian tribes to 
vast tracts of country has been extinquished. New States 
have been admitted into the Union : new Territories have 
been created, and our jurisdiction and laws extended 
over them. As our population has expanded, the Union 
has been cemented and strengthened ; as our boundaries 
have been enlarged, and our agricultural population has 
been spread over a large surface, our federative system 
has acquired additional strength and security. It may 
well be doubted whether it would not be in greater dan¬ 
ger of overthrow if our present population were confined 
to the comparatively narrow limits of the original thirteen 
States, than it is, now that they are sparsely settled over 
a more expanded territory. It is confidently believed* 
that our system may be safely extended to the utmost 
bounds of our territorial limits ; and that, as it shall be 
extended, the bonds of our Union, so far from being 
weakened, will become stronger. 

None can fail to see the danger to our safety and future 
peace, if Texas remains an independent State, or becomes 


274 


POLfv S INAUGURAL ADDRESS. 


an ally or dependencjf of some foreign nation more pow. 
erful than herself. Is there one among our citizens who 
would not prefer perpetual peace with Texas, to oeca* 
sional wars, which so often occur between bordering in¬ 
dependent nations ? Is there one who would notprefe’ 
free intercourse with her, to high duties on all our pro¬ 
ducts and manufactures which enter her ports or crosg 
her frontiers ? Is there one who would not prefer an 
unrestricted communication with her citizens, to the 
frontier obstructions which must occur if she remains out 
of the Union? Whatever is good or evil in the local 
institutions of Texas, will remain her own, whether an¬ 
nexed to the United States or not. None of the present 
States will be responsible for them, any mor« than they 
are for the local institutions of each other. n hey have 
confederated together for certain specified objects. Upon 
the same principle that they would refuse to form a per¬ 
petual union with Texas, because of her local institutions, 
our forefathers would have been prevented from forming 
our present Union. Perceiving no valid objection to the 
measure, and many reasons for its adoption, vitally affect¬ 
ing the peace, the safety, and the prosperity of both 
countries, I shall, on the broad principle which foimed 
the basis and produced the adoption of our constitution, 
and not in any narrow spirit of sectional policy, endea¬ 
vor, by all constitutional, honorable, and appropriate 
means, to consummate the expressed will of the people 
and government of the United States, by the ie-aimexa- 
tion of Texas to our Union at the earliest practicable pe¬ 
riod. 

Nor will it become in a less degree my duty to assert 
and maintain, by all constitutional means, the right of the 
United States to that portion of our territory which lies 
beyond the Rocky mountains. Our title to the country 
of the Oiegon is “clear and unquestionableand al 
ready are our people preparing to perfect that title, by 
occupying it with their wives and children. But eighty 
years ago, our population was confined on the west by 
tire ridge of the Alleghanies. Within that period—within 
the lifetime, I might say, of some of my hearers—our 
people, increasing t* many millions, hare fined the east- 


POLK S INAUQURAL ADDRESS. 


273 


cm valley of the Mississippi; adventurously ascended 
the Missouri to its head springs ; and are already engaged 
in establishing the blessings of self-government in val¬ 
leys, of which the rivers flow to the Pacific. The world 
beholds the peaceful triumphs of the industry of our 
emigrants. To us belongs the duty of protecting them, 
adequately, wherever they may be upon our soil. The 
jurisdiction of our laws, and the benefits of our republi¬ 
can institutions, should be extended over them in the dis¬ 
tant regions which they have selected for their homes. 
The increasing facilities of intercourse will easily bring 
the States, of which the formation in that part of our 
territory cannot be long delayed, within the sphere of 
our federative Union. In the mean time, every obliga¬ 
tion imposed by treaty or conventional stipulations should 
be sacredly respected. 

In the management of our foreign relations, it will be 
my aim to observe a careful respect for the rights of other 
nations, while our own will be the subject of constant 
watchfulness. Equal and exact justice should charac¬ 
terize all our intercourse with foreign countries. All 
alliances having a tendency to jeopard the welfare and 
honor of our country, or sacrifice any one of the national 
interests, will be studiously avoided ; and yet no oppor¬ 
tunity will be lost to cultivate a favorable understanding 
with foreign governments, by which our navigation and 
commerce may be extended, and the ample products of 
our fertile soil, as well as the manufactures of our skillful 
artizans, find a ready market and remunerating prices in 
foreign countries. 

In taking “care that the laws be faithfully executed,’’ 
a strict performance of duty will be exacted from all 
public officers. From those officers, especially, who are 
charged with the collection and disbursement of the pub 
lie revenue, will prompt and rigid accountability be re¬ 
quired. Any culpable failure or delay on their part to 
ace* unt for the moneys intrusted to them, at the times 
and in the manner required by law, will,in every instance, 
terminate the official connexion of such defaulting officei 
with the government. 

Although, in our country, the chief magistrate must 


276 


polk’s inaugural address. 


almost of necessity be chosen by a party, and stand 
pledged to its principles and measures, yet, in his official 
action, he should not be the President of a part only, 
but of the whole people of the United States. While 
he executes the laws with an impartial hand, shrinks from 
no proper responsibility, and faithfully carries out in the 
executive department of the government the principles 
and policy of those who have chosen him, he should not 
be unmindful that our fellow citizens who have differed 
with him in opinion, are entitled to the full and free ex 
ercise of their opinions and judgments, and that the rights 
of all are entitled to respect and regard. 

Confidently relying upon the aid and assistance of the 
co-ordinate departments of the government in conducting 
our public affairs, I enter upon the discharge of the high 
duties which have been assigned me by the people, again 
humbly supplicating that Divine Being who has watched 
over and protected our beloved country from its infancy 
to the present hour, to continue Ilis gracious benedictions 
upon us, that we may continue to be a prosperous and 
happy people. 




















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'' 

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TAYLORS iriAUGURJ L ADDRESS. 


277 


TAYLOR’S INAUGURAL ADDRESS. 

March 5, 1849. 

Elected by the American people to the highest otlice 
Known to our laws, 1 appear here to take the oath pre¬ 
scribed by the Constitution, and in compliance with the 
time-honoured custom, to address those who are now 
assembled. 

The confidence and respect shown by my country¬ 
men in calling me to be the Chief Magistrate of a Re¬ 
public holding a high rank among the nations of the 
earth, have inspired me with feelings of the most pro¬ 
found gratitude ; but when I reflect that the acceptance 
of the office which their partiality has bestowed imposes 
the discharge of the most arduous duties, involves the 
weightiest obligations, I am conscious that the position 
which I have been called to fill, though sufficient to 
satisfy the loftiest ambition, is surrounded by fearful 
responsibilities. Happily, however, in the performance 
of my new duties, I shall not be without able co-opera¬ 
tion. The legislative and judicial branches of the 
government present prominent examples of distinguished 
civil attainments and matured experience, and it shall 
be my endeavour to call to my assistance, in the exe¬ 
cutive departments, individuals whose talents, integrity, 
and purity of character, will furnish ample guarantees 
for the faithful and honourable performance of the trusts 
to be committed to their charge. With such aid, and 
an honest purpose to do whatever is right, I hope to 
execute diligently, impartially, and for the best interests 
of the country, the manifold duties devolved upon me. 

In the discharge of these duties, my guide will be the 
Constitution, which I this day swear to preserve, protect, 
and defend. For the interpretation of that instrument, 
I shall look to the decisions of the judicial tribunals 
established by its authority, and to the practice of 
government under the earlier Presidents, who had so 
large a share in its formation. To the example of those 
illustrious patriots I shall always defer with reverence, 
24 


278 


TIIE TRUE KEPUBLICAN 


and especially to his example who was, ly so many 
titles, the Father of his Country. 

To command the army and navy of the United 
States; with the advice and consent of the Senate, to 
make treaties, appoint ambassadors and other officers, 
to give to Congress information of the state of the Union, 
and recommend such measures as he shall judge to be 
necessary, and to take care that the laws shall be faith¬ 
fully executed—these are the most important functions 
intrusted to the President by the Constitution, and it 
may be expected that l shall briefly indicate the principles 
which will control me in their execution. 

Chosen by the body of the people, under the assu¬ 
rance that my administration should be devoted to the 
welfare of the whole country and not to the support of 
any particular section, or merely local interests, I this 
day renew the declarations I have heretofore made, and 
proclaim my fixed determination to maintain, to the ex¬ 
tent of my ability, the Government in its original purity, 
and to adopt as the basis of my public policy those great 
Republican doctrines which constitute the strength of 
our national existence. 

In reference to the army and navy, lately employed 
with so much distinction in active service, care shall be 
taken to insure the highest condition of efficiency, and 
in furtherance of that object, the Military and Naval 
Schools, sustained by the liberality of Congress, shall 
receive the special attention of the Executive. 

As American freemen, we cannot but sympathize in 
all efforts to extend the blessings of civil and political 
liberty; but at the same time we are warned by the 
admonitions of history and the voice of our own beloved 
Washington to abstain from entangling alliances with 
foreign nations. In all disputes between conflicting 
governments, it is our interest, not less than our duty, 
to remain strictly neutral; while our geographical posi¬ 
tion, the genius of our institutions and our people, the 
advancing spirit of civilization, and, above all, the dictates 
of religion, direct us to the cultivation of peaceful and 
friendly relations with all other powers. It is to be 
hoped that no international question can now arise which 


taylok’s inaugural address. 2Y9 

a government, confident in its own strength, and resolved 
to protect its own just rights, may not settle by wise 
negotiation, and it eminently becomes a government like 
our own, founded on the morality and intelligence of its 
citizens, and upheld by their affections, to exhaust every 
resort of honourable diplomacy before appealing to arms. 
In the conduct of our foreign relations I shall conform 
to these views, as I believe them essential to the best 
interests and true honour of the country. 

The appointing power vested in the President imposes 
delicate and onerous duties. So far as it is possible to 
be informed, I shall make honesty, capacity, and fidelity 
indispensable pre-requisites to the bestowal of office; 
and the absence of either of these, qualities shall be 
deemed sufficient cause for removal. 

It shall be my study to recommend such constitutional 
measures to Congress as may be necessary and proper 
to secure encouragement and protection to the great 
interests of agriculture, commerce, and manufactures, to 
improve our rivers and harbours, to provide for the 
speedy extinguishment of the public debt, to enforce a 
strict accountability on the part of all officers of the 
’ government, and the utmost economy in all public ex¬ 
penditures. But it is for the wisdom of Congress itself, 
in which all legislative powers are vested by the Consti¬ 
tution, to regulate these and other matters of domestic 
policy. I shall look with confidence to the enlightened 
patriotism of that body to adopt such measures of con¬ 
ciliation as may harmonize conflicting interests, and tend 
to perpetuate that union which should be the paramount 
object of our hopes and affections. In any action calcu¬ 
lated to promote an object so near the heart of every one 
who truly loves his country, I will zealously unite with 
the co-ordinate branches of the government. 

In conclusion, I congratulate you, my fellow-citizens, 
upon the high state of prosperity to which the goodness 
of Divine Providence has conducted our common country. 
Let us invoke a continuance of the same protecting care 
which has led us through small beginnings, to the emi¬ 
nence to which we have this day arrived, and let us seek 
Co deserve that continuance by prudence and moderation 


280 


THE TRUE REPUBLICAN. 


in our councils, by well directed attempts to assuage tho 
bitterness which too often marks unavoidable differences 
of opinion, by the promulgation and practice of just and 
liberal principles, and by an enlarged patriotism, which 
shall acknowledge no limits but those of our own wide¬ 
spread Republic. 

President Taylor died at the Executive Mansion, in 
Washington City, on the night of the 9th of July, 1850. 
Vice-President Fillmore, the next morning, transmitted the 
following message to Congress, then in session, and at once 
entered upon the duties of his new office, as the 13th Presi¬ 
dent of the United States:— 

president fillmore’s message. 

Ftllow-citizens of the Senate and House of Representatives: 

A great man has fallen among us, and a whole community 
is called to an occasion of unexpected, deep, and general 
mourning. I recommend to the two Houses of Congress 
to adopt such measures as, in their discretion, may seem 
proper to perform with due solemnities the funeral obse¬ 
quies of Zachary Taylor, late President of the United States, 
and thereby to signify the great and affectionate regard of 
the American people for the memory of one whose life ha. 
been devoted to the public service—whose career in arms has 
not been surpassed in usefulness or brilliancy—who has 
been so recently raised by the unsolicited voice of the people, 
to the highest civil authority in the government, which he 
administered with so much honour and advantage to his 
country, and by whose sudden death so many hopes of 
future usefulness are blighted for ever. To you, Senators 
and Representatives of a nation in tears, I can say nothing 
which can alleviate the sorrow with which you are op¬ 
pressed. I appeal to you to aid me under the trying cir¬ 
cumstances which surround me in the discharge of the 
duties, from which, however much I may be oppressed by 
them, I dare not shrink; and I rely upon Him, who holds 
in His hands the destinies of nations, to endow me with 
the requisite strength for the task, and to avert from our 
country the evils apprehended from the heavy calamity 
which has befallen us. I shall most readily concur in 
whatever measures the wisdom of the two Houses may 
suggest as befitting this deeply melancholy occasion. 

MILLARD FILLMORE. 


Washington , July 10,1850. 















































































Pierce’s inaugural address. 


281 


PIERCE’S INAUGURAL ADDRESS. 
March 4, 1853. 

My countrymen :—It is a relief to feel that no heart 
but my own can know the personal regret and bitter 
sorrow, over which I have been borne to a position, so 
suitable for others, rather than desirable for myself. 

The circumstances, under which I have been called, 
for a limited period, to preside over the destinies of the 
Republic fill me with a profound sense of my responsi¬ 
bility but with nothing like shrinking apprehension. I 
repair to the post assigned me, not as to one sought, but 
in obedience to the unsolicited expression of your will, 
answerable only for a fearless, faithful, and diligent exer¬ 
cise of my best powers. 

I ought to be, and am, truly grateful for the rare mani¬ 
festation of the nation’s confidence; but this, so far from 
lightening my obligations, only adds to their weight. You 
have summoned me in my weakness ; you must sustaia 
me by your strength. When looking for the fulfilment 
of reasonable requirements, you will not be'unmindful 
of the great changes which have occurred, even within 
the last quarter of a century, and the consequent augmen¬ 
tation and complexity of duties imposed, in the adminis¬ 
tration both of your home and foreign affairs. 

Whether the elements of inherent force in the Repub¬ 
lic have kept pace with its unparalleled progression in 
territory, population, and wealth, has been the subject 
ol earnest thought and discussion, on both sides of the 
ocean. Less than sixty-three years ago, the Father of 
nis Country made “ the” then “ recent accession of the 
important State of North Carolina to the Constitution of 
t»ie United States,” one of the subjects of his special con¬ 
gratulation. At that moment, however, when the agita¬ 
tion consequent upon the revolutionary struggle had hardly 
subsided, when we were just emerging from the weak¬ 
ness and embarrassment of the Confederation, there was 
an evident consciousness of vigor equal to the great mis¬ 
sion so wisely and bravely fulfilled by our fathers. It 


282 


pierce’s inaugural address. 


was not a presumptuous assurance, but a calm faith, 
springing from a clear view of the sources of power, in 
a government constituted like ours. 

It is no paradox to say that, although comparatively 
weak, the new-born nation was intrinsically strong. In¬ 
considerable in population and apparent resources, it 
was upheld by a broad and intelligent comprehension of 
rights, and an all-pervading purpose to maintain them, 
stronger than armaments. It came from the furnace of the 
revolution, tempered to the necessities of the times. The 
thoughts of the men of that day were as practical as their 
sentiments were patriotic. They wasted no portion of 
their energies upon idle and delusive speculations, but 
with a firm and fearless step advanced beyond the go¬ 
vernmental landmarks, which had hitherto circumscribed 
the limits of human freedom, and planted their standard 
where it has stood,against dangers, which have threatened 
from abroad, and internal agitation, which has at times 
fearfully menaced at borne. 

They approved themselves equal to the solution of the 
great problem to understand which their minds had been 
illuminated by the dawning lights of the revolution.— 
The object sought was not a thing dreamed of—it was 
a tiling realized. They had exhibited not only the power 
to achieve, but what all history affirms to be so much 
more unusual, the capacity to maintain. The oppressed 
throughout the world, from that day to the present, 
have turned their eyes hitherward, not, to find those 
lights extinguished, or to fear lest they should wane, 
but to be constantly cheered by their steady and increas¬ 
ing radiance. 

In this, our country has in my judgment thus far ful¬ 
filled its highest duty to suffering humanity. It has 
spoken, and will continue to speak, not only by its words 
hut by its acts, the language of sympathy, encourage¬ 
ment, and hope, to those, who earnestly listen to tones, 
which pronounce for the largest rational liberty. But, 
after all, the most animating encouragement and potent 
appeal for freedom will be its own history, its trials and 
i»s triumphs. Pre-eminently, the power of our advocacy 
reposes in our example ; but no example, be it remem- 


Pierce’s inaugural address. 


283 


bered, can be powerful for lasting good, whatever appa 
rent advantages may be gained, which is not based upon 
eternal principles of right and justice. Our fathers de¬ 
cided for themselves, both upon 'he hour to declare and 
the hour to strike. 

They were their own judgps of the circumstances, 
under which it became them to pledge to each other 
“ their lives, their fortunes, and their sacred honour,” for 
the acquisition of the priceless inheritance transmitted 
to us. The energy, with which that great conflict was 
opened, and under the guidance of a manifest and bene¬ 
ficent Providence, the uncomplaining endurance, with 
which it was prosecuted to its consummation, were only 
surpassed by the wisdom and patriotic spirit of conces¬ 
sion, which characterized all the counsels of the early 
fathers. 

One of the most impressive evidences of that wisdom is 
to be found in the fact, that the actual working of our 
system has dispelled a degree of solicitude, which, at the 
outset, disturbed bold hearts and far-reaching intellects. 
The apprehension of dangers from extended territory, 
multiplied States, accumulated wealth, and augmented 
population, has proved to be unfounded. The stars upon 
your banner have become nearly three-fold their original 
number, your densely populated possessions skirt the 
shores of the two great oceans, and yet this vast increase 
of people and territory has not only shown itself compa¬ 
tible with the harmonious action of the States and the 
Federal government in their respective constitutional 
spheres, but has afforded an additional guarantee of the 
strength and integrity of both. 

With an experience thus suggestive and cheering, the 
policy of my administration will not be controlled by 
any timid forebodings of evil from expansion. Indeed, it 
is not to be disguised that our attitude as a nation, and 
our position on the globe, render the acquisition of certain 
possessions, not witihn our jurisdiction, eminently impor¬ 
tant for our protection, if not, in the future, essential for 
the preservation of the rights of commerce and the peace 
of the worlu Should they be obtained, it will be through 
no graspinr spirit, but with a view to obvious national 


284 


pierce’s inaugural address. 


interest and security, and in a manner entirely consisten 
with the strictest observance of national faith. 

We have nothing' in our history or position to invite 
aggression, we have every thing to beckon us to the culti 
vation of relations of peace and amity with all nation? 
Purposes, therefore, at once just and pacific, will be signi 
hcantly marked in the conduct of our foreign affairs. I 
intend that my administration shall leave no blot upon our 
fair record, and I trust that I may safely give the assurance 
that no act within the legitimate scope of my constitutional 
control will be tolerated, on the part of any portion of our 
citizens, which cannot challenge a ready justification be¬ 
fore the tribunal of the civilized world. 

An administration would be unworthy of confidence 
at home, or respect abroad, should it cease to be influ¬ 
enced by the conviction, that no apparent advantage*c,an 
be purchased at a price so dear as that of national wrong 
or dishonour. It is not your privilege, as a nation, to 
speak of a distant past. The striking incidents of your 
history, replete with instruction, and furnishing abundant 
grounds for hopeful confidence, are comprised in a period 
comparatively brief. But if your past is limited, your 
future is boundless. Its obligations throng the unex¬ 
plored pathway of advancement, and will be limitless 
as duration. Hence, a sound and comprehensive policy 
should embrace, not less the distant future, than the ur« 
gent present. 

The great objects of our pursuits, as a people, are best 
to be attained by peace, and are entirely consistent with 
the tranquillity and interests of the rest of mankind. With 
the neighbouring nations upon our continent, we should 
cultivate kindly and fraternal relations. We can desire 
nothing in regard to them so much, as to see them conso 
lidate their strength, and pursue the paths of prosperity 
and happiness. If, in the course of their growth, we 
*hould open new channels of trade and create additional 
f cilities for friendly intercourse, the benefits realized will 
be equal and mutual. 

Of the complicated European systems of national po 
lity we have heretofore been independent. From their 
wars, their tumults and anxieties, we have been, happily 


pierce's inaugural address. 285 

almost entirely exempt. Whilst these are confined to 
the nations whtch gave them existence, and within their 
legitimate jurisdiction, they cannot affect us, except as 
they appeal to our sympathies in the cause of human 
freedom and universal advancement. But the vast inte¬ 
rests of commerce are common to all mankind, and the 
advantages of trade and international intercourse must 
always present a noble field for the moral influence of a 
great people. 

With these views firmly and honestly carried out, we 
have a right to expect, and shall under all circumstan¬ 
ces require, prompt reciprocity. The rights, which be¬ 
long to us as a nation, are not alone to be regarded, but 
those which pertain to every citizen in his individual 
capacity, at home and abroad, must be sacredly main¬ 
tained. So long as he can discern every star in its place 
upon that ensign, without wealth to purchase for him 
preferment, or title to secure for him place, it will be 
his privilege, and must be his acknowledged right to stand 
unabashed even in the presence of princes, with a proud 
consciousness that he is himself one of a nation of sove¬ 
reigns, and that he cannot, in legitimate pursuit, wan¬ 
der so far from home, that the agent, whom he shall leave 
behind in the place which I now occupy, will not see that 
no rude hand of power or tyrannical passion is laid upon 
him with impunity. He must realize, that upon every 
sea, and on every soil, where our enterprise may right¬ 
fully seek the protection of our flag, American citizen¬ 
ship is an inviolable panoply for the security of American 
rights. And in this connexion, it can hardly be neces¬ 
sary to re-aflirm a principle which should now be re¬ 
garded as fundamental. The rights, security, and re¬ 
pose of this Confederacy reject the idea of interference 
or colonization, on this side of the ocean, by any foreign 
power, beyond present jurisdiction, as utterly inadmis¬ 
sible. 

The opportunities of observation, furnished by my brief 
experience as a soldier, confirmed in my own mind the 
opinion, entertained and acted upon by others from the 
formation of the government, that the maintenance of 
large standing armies in our country would be not only 


286 


FIERCE*S INAUGURAL ADDRESS. 


dangerous, but unnecessary. They also illustrated the 
importance, I might well say the absolute necessity, of 
the military science and practical skill furnished, in such 
an eminent degree, by the institution, which has made 
your army what it is, under the discipline and instruction 
of officers not more distinguished for their solid attain 
ments, gallantry, and devotion to the public service, than 
for unobtrusive bearing and high moral tone. 

The army, as organized, must be the nucleus, around 
which, in every time of need, the strength of your mili¬ 
tary power, the sure bulwark of your defence—a na¬ 
tional militia—may be readily formed into a well disci¬ 
plined and efficient organization. And the skill and sell- 
devotion of the navy assure you that you may take the 
performance of the past as a pledge for the future, and 
may confidently expect that the flag, which has waved 
its untarnished folds over every sea, will still float in 
undiminished honour. But these, like many other sub¬ 
jects, will be appropriately brought, at a future time, 
to the attention of the co-ordinate branches of the go 
vernment, to which I shall always look with profound 
respect, and with trustful confidence that they will ac¬ 
cord to me the aid and support, which I shall so much 
need, and which their experience and wisdom will readily 
suggest. 

In the administration of domestic affairs, you expect a 
devoted integrity in the public service, and an observance 
of rigid economy in the departments, so marked as never 
justly to be questioned. If this reasonable expectation 
be not realized, I frankly confess that one of your lead¬ 
ing hopes is doomed to disappointment, and that my ef¬ 
forts, in a very important particular, must result in a 
humiliating failure. Offices can be properly regarded 
only in the light of aids for the accomplishment of tiiese 
objects; and as occupancy^ can confer no prerogative, nor 
importunate desire for preferment any claim, the public 
interest imperatively demands that they be considered 
with sole reference to the duties to be performed. Good 
citizens may well claim the protection of good laws and 
the benign influence of good government; but a claim 


FIERCE S INAUGURAL ADDRESS. 


287 


for office is what the people of a republic should never 
lecognize. 

No reasonable man of any part}' - will expect the admi¬ 
nistration to be so regardless of its responsibility, and of 
the obvious elements of success, as to retain persons, 
known to be under the influence of political hostility and 
partisan prejudice, in positions, which will require, not 
only severe labour, but cordial co-operation. Having no 
implied engagements to ratify, no rewards to bestow, no 
resentments to remember, and no personal wishes to con¬ 
sult, in selections for official station, I shall fulfil this dif¬ 
ficult and delicate trust, admitting no motive as worthy 
either of my character or position, which does not contem¬ 
plate an efficient discharge of duty and the best interests 
of my country. 

I acknowledge my obligations to the masses of my 
countrymen, and to them alone. Higher objects than 
personal aggrandizement gave direction and energy to 
their exertion in the late canvass, and they shall not be 
disappointed. They require at my hands diligence, inte¬ 
grity, and capacity, wherever there are duties to be per¬ 
formed. Without these qualities in their public servants, 
more stringent laws, for the prevention or punishment of 
fraud, negligence and peculation, will be vain. With 
them, they will be unnecessary. 

But these are not the only points, to which you look 
for vigilant watchfulness. 'The dangers of a concentra¬ 
tion of all power in the general government of a con¬ 
federacy so vast as ours, are too obvious to be disre¬ 
garded. You have a right, therefore, to expect your 
agents, in every department, to regard strictly the limits 
•riposed upon them by the Constitution of the United 
States. The great scheme of our constitutional liberty 
rests upon a proper distribution of power between the 
State and Federal authorities: and experience has 
shown, that the harmony and happiness of our people 
must depend upon a just discrimination between the se¬ 
parate rights and responsibilities of the States, and your 
common rights and obligations under the general govern¬ 
ment. 

And here, in my opinion, are the considerations, which 


288 


pierce’s inaugural address. 


should form the true basis of future concord in legard to 
the questions which have most seriously disturbed public 
tranquillity. If the Federal Government will confine it 
self to the exercise of powers clearly granted by the Con¬ 
stitution, it can hardly happen that its actions upon any 
questions should endanger the institutions of the States, 
or interfere with their right to manage matters strictly 
domestic according to the will of their own people. 

In expressing briefly my views upon an important sub¬ 
ject, which has recently agitated the nation to almost a 
fearful degree, I am moved by no other impulse than a 
most earnest desire for the perpetuity of that Union which 
has made us what we are ; showering upon us blessings, 
and conferring a power and influence which our fathers 
could hardly have anticipated, even with their most 
sanguine hopes directed to a far-off future. The sen¬ 
timents I now announce were not unknown before the 
expression of the voice which called me here. My own 
position upon this subject was clear and unequivocal, 
upon the record of my words and my acts, and it is only 
recurred to at this lime because silence might, perhaps, 
be misconstrued. 

With the Union, my best and dearest earthly hopes are 
entwined. Without it, what are we, individually or col¬ 
lectively ? What becomes of the noblest field ever opened 
for the advancement of our race, in religion, in govern¬ 
ment, in the arts, and in all that dignifies and adorns 
mankind? From that radiant constellation, which both 
illumines our own way and points out to struggling na¬ 
tions their course, let but a single star be lost, and, if 
there be not utter darkness, the lustre of the whole is 
dimmed. Do my countrymen need any assurance that 
such a catastrophe is not to overtake them, while I pos¬ 
sess the power to stay it? 

It is with me an earnest and vital belief, that as the 
Union has been the source, under Providence, of our 
prosperity to this time, so it is the surest pledge of a con¬ 
tinuance of the blessings we have enjoyed, and which 
we are sacredly bound to transmit undiminished to our 
children. The field of free and calm discussion in our 
country is open, and will always be so, but it never has 


fierce’s inaugural address. 


289 


been and never can be traversed for good in a spirit of 
sectionalism and uncharitableness. 

The founders of the Republic dealt with things as they 
were presented to them, in a spirit of self-sacrificing pa¬ 
triotism, and, as time has proved, with a comprehensive 
wisdom, which it will always be safe for us to consult. 
Every measure, tending to strengthen the fraternal feel¬ 
ings of all the members of our Union, has had my heart¬ 
felt approbation. To every theory of society or govern¬ 
ment, whether the offspring of feverish ambition or of 
morbid, enthusiasm, calculated to dissolve the bonds of law 
and affection which unite us, I shall interpose a ready 
and stern resistance. 

I believe that involuntary servitude, as it exists in dif¬ 
ferent States of this confederacy, is recognized by the 
Constitution. I believe that it stands like any other mi¬ 
ni itied right, and that the States where it exists are en¬ 
titled to efficient remedies to enforce the constitutional 
provisions. I hold that the laws of 1850, commonly 
called the “ Compromise Measures,” are strictly consti¬ 
tutional, and to be unhesitatingly carried into effect. I 
believe that the constituted authorities of this Republic 
are bound to regard the rights of the South in this 
respect, as they would view any other legal and con¬ 
stitutional right, aim tnat the laws to enforce them should 
be respected and obeyed, not with a reluctance en¬ 
couraged by abstract opinions as to their propriety in a 
different state of society, but cheerfully, and acccording 
to the decisions of the tribunal to which their exposition 
belongs. Such have been, and are, my convictions, and 
upon them I shall act. I fervently hope that the question 
is at rest, and that no sectional, or ambitious, or fanatical 
excitement may again threaten the durability of our insti¬ 
tutions, or obscure the light of our prosperity. 

But let not the foundation of our hopes rest upon man’s 
wisdom. It will not be sufficient that sectional prejudices 
find no place in the public deliberations. It will not be 
sufficient that the rash counsels of human passion are 
rejected. It must be felt that there is no national security 
but in the nation’s humble, acknowledged dependence 
upon God and his overruling providence. 


290 


pierce’s inaugural address. 


Wo have been carried in safety through a perilous 
crisis. Wise counsels, like those which gave us the 
Constitution, prevailed to uphold it. Let the period be 
remembered as an admonition, and not as an encourage¬ 
ment, in anv section of the Union, to make experiments 
v. here experiments are fiaught with such fearful hazard. 
Let it he impressed upon all hearts, that beautiful as our 
fabric is, no earthly power or wisdom could ever re-unite 
its broken fragments. 

Standing as 1 do almost within view of the green slopes 
of Monticello, and as it were, within reach of the tomb 
of Washington, with all the cherished memories of the 
past gathering round me, like so many eloquent voices of 
exhortation from heaven, I can express no better hope for 
my country, than that the kind Providence which smiled 
upon our Fathers, may enable their children to preserve 
the blessings which they have inherited. 


Buchanan’s inaugural address. 


291 


BUCHANAN’S INAUGURAL ADDRESS. 
March 4, 1857. 


Fellow- Citizens: 

I appear before you this day to take the solemn oath, 
“that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, pre¬ 
serve, protect, and defend the Constitution of the United 
States.” In entering upon this great office, I most humbly 
invoke the God of our fathers for wisdom and firmness to 
execute its high and responsible duties in such a manner 
as to restore harmony and ancient friendship among the 
people of the several States, and to preserve our free in¬ 
stitutions throughout many generations. Convinced that 
I owe my election to the inherent love for the Constitution 
and the Union which still animates the hearts of the, 
American people, let me earnestly ask their powerful sup¬ 
port in sustaining all just measures calculated to perpe¬ 
tuate these, the richest political blessings which Heaven 
has ever bestowed upon any nation. Having determined 
not to become a candidate for re-election, I shall have no 
motive to influence my conduct in administering the 
government, except the desire ably and faithfully to serve 
my country and to live in the grateful memory of my 
countrymen. We have recently passed through a Presi¬ 
dential contest in which the passions of our fellow-citizens 
were excited to the highest degree by questions of deep 
and vital importance. But, when the people proclaimed 
their will, the tempest at once subsided, and all was calm. 
The voice of the majority, speaking in the manner pre¬ 
scribed by the Constitution, was heard, and instant sub¬ 
mission followed. Our own country could alone have 
exhibited so grand and striking a spectacle of the capacity 
of man for self-government. What a happy conception, 
then, was it for Congress to apply this simple rule—“that 
the will of the majority ifhall govern”—to the settlement 
of the question of domestic slavery in the territories! 
Congress is neither u to legislate slavery into any territory 
nor to exclude it therefrom,” but to leave the people 


292 


THE TRUE REPUBLICAN. 


thereof perfectly free to form and regulate their domestic 
institutions in their own way, subject only to the Consti¬ 
tution of the United States. As a natural consequence, 
Congress has also prescribed that, when the Territory of 
Kansas shall be admitted as a State, it shall be received 
into the Union with or without slavery, as their own Con¬ 
stitution may prescribe at the time of their admission. A 
different opinion has arisen in regard to the point of time 
when the people of a territory shall decide the question 
for themselves. This is happily a matter of but little 
practical importance; besides, it is a judicial question, 
which legitimately belongs to the Supreme Court of the 
United States, before whom it is now pending, and will, it 
is understood, be speedily and finally settled. To their 
decision, in common with all good citizens, I shall cheer¬ 
fully submit, whatever that may be; though it has ever 
been my individual opinion that, under the Nebraska- 
Kansas act, the appropriate period will be when the num¬ 
ber of actual residents in the territory shall justify the 
formation of a constitution, with a view to its admission 
as a State into the Union. But, be this as it may, it is 
the imperative and indispensable duty of the government 
of the United States to secure to every resident inhabitant 
the free and independent expression of his opinion by his 
vote. This sacred right of each individual must be pre¬ 
served. This being accomplished, nothing can be fairer 
than to leave the people of a territory free from all foreign 
interference, to decide their own destiny for themselves, 
subject only to the Constitution of the United States. 
The whole territorial question being thus settled upon the 
principle of popular sovereignty—a principle as ancient 
as free government itself—every thing of a practical nature 
has been decided. No other question remains for adjust¬ 
ment, because all agree that, under the Constitution, 
slavery in the States is beyond the reach of any human 
power except that of the respective States themselves 
wherein it exists. May we not, then, hope that the long 
agitation on this subject is approaching its end, and that 
the geographical parties to which it has given birth—so 
much dreaded by the Father of his Country—will speedily 
become extinct? Most happy will it be for the country 


Buchanan’s inaugural address. 293 

when the public mind shall be diverted from this ques¬ 
tion to others of more pressing and practical importance. 
Throughout the whole progress of this agitation, which 
has scarcely known any intermission for more than twenty 
years, whilst it has been productive of no positive good 
to any human being, it has been a prolific source of great 
evils to the master, to the slave, and to the whole country. 
It has alienated and estranged the people of sister States 
from each other, and has even seriously endangered the 
very existence of the Union. Nor has the danger yet 
entirely ceased. Under our system there is a remedy for 
all mere political evils in the sound sense and sober judg¬ 
ment of the people. Time is a great corrective. Political 
subjects which but a few years ago excited and exaspe¬ 
rated the public mind have passed away and are now 
nearly forgotten. But the question of domestic slavery 
is of far greater importance than any mere political 
question; because, should the agitation continue, it may 
eventually endanger the personal safety of a large portion 
of our countrymen where the institution exists. In that 
event no form of government, however admirable in itself, 
however productive of material benefits, can compensate 
for the loss of peace and domestic security around the 
family altar. Let every Union-loving man, therefore, 
exert his best influence to suppress this agitation, which, 
since the recent legislation of Congress, is without any 
legitimate object. It is an evil omen of the times that 
men have undertaken to calculate the mere material value 
of the Union, and that estimates have been presented of 
the pecuniary profits and local advantages which would 
result to different States and sections from its dissolution, 
and of the comparative injuries which such an event 
would inflict on other States and sections. Even descend¬ 
ing to this low and narrow view of the mighty question, 
all such calculations are at fault; the bare reference to a 
single consideration will be conclusive on this point. We 
at present enjoy a free trade throughout our extensive and 
expanding country such as the world never witnessed. 
This trade is conducted on railroads and canals, on ncble 
rivers and arms of the sea, which bind together the North 
and the South, the East and the West, of our confederacy. 

25* 


294 


THE TRUE REPUBLICAN 


Annihilate this trade, arrest its free progress by the geo¬ 
graphical lines of jealous and hostile States, and you de¬ 
stroy the prosperity and onward march of the whole and 
every part, and involve all in one common ruin. But 
such considerations, important as they are in themselves, 
sink into insignificance when we reflect on the terrific evils 
which would result from disunion to every portion of the 
confederacy,—to the North not more than to the South— 
to the East not more than to the West. These I shall not 
attempt to portray, because I feel an humble confidence 
that the kind Providence which inspired our fathers with 
wisdom to frame the most perfect form of government and 
union ever devised by man will not suffer it to perish 
until it shall have been peacefully instrumental, by its 
example, in the extension of civil and religious liberty 
throughout the world. 

Next in importance to the maintenance of the Consti¬ 
tution and the Union, is the duty of preserving the govern¬ 
ment free from the taint or even the suspicion of corrup¬ 
tion. Public virtue is the vital spirit of republics; and 
history proves that when this has decayed and the love of 
money has usurped its place, although the forms of free 
government may remain for a season, the substance has 
departed forever. 

Our present financial condition is without a parallel in 
history. No nation has ever before been embarrassed from 
too large a surplus in its treasury. This almost necessarily 
gives birth to extravagant legislation. It produces wild 
schemes of expenditures, and begets a race of speculators 
and jobbers whose ingenuity is exerted in contriving 
and promoting expedients to obtain public money. The 
purity of official agents, whether rightfully or wrongfully, 
is suspected, and the character of the government suffers in 
the estimation of the people. This is in itself a very great 
evil. The natural mode of relief from this embarrassment 
is to appropriate the surplus in the Treasury to great 
national objects, for which a clear warrant can be found 
in the Constitution. Among these I might mention the 
extinguishment of the public debt, a reasonable increase 
of the Navy,—which is at present inadequate to the pro¬ 
tection of our vast tonnage afloat, now greater than that 


Buchanan’s inaugural address. 


295 


of any other nation, as well as to the defence of our ex¬ 
tensive sea-coast. It is beyond all question the principle 
that no more revenue ought to be collected from the people 
than the amount necessary to defray the expenses of a wise, 
economical, and efficient administration of the government. 
To reach this point, it was necessary to resort to a modi¬ 
fication of the tariff, and this has, I trust, been accom¬ 
plished in such a manner as to do as little injury as may 
have been practicable to our domestic manufactures, 
especially those necessary for the defence of the country. 
Any discrimination against a particular branch, for the 
purpose of benefiting favored corporations, individuals 
or interests, would have been unjust to the rest of the 
community, and inconsistent with that spirit of fairness 
and equality which ought to govern in the adjustment of 
a revenue tariff. But the squandering of the public money 
sinks into comparative insignificance, as a temptation to 
corruption, when compared with the squandering of the 
public lands. No nation, in the tide of time, has ever 
been blessed with so rich and noble an inheritance as we 
enjoy in the public lands In administering this important 
trust, whilst it may be wise to grant portions of them for 
the improvement of the remainder, yet we should never 
forget that it is our cardinal policy to preserve these lands, 
as much as may be, for actual settlers, and this at moderate 
prices. We shall thus not only best promote the pros¬ 
perity of the new States and Territories by furnishing 
them a hardy and independent race of honest and indus¬ 
trious citizens, but shall secure homes for our children and 
our childrens’ children; as well as for those exiles from 
foreign shores who may seek in this country to improve 
their condition and to enjoy the blessings of civil and 
religious liberty. Such emigrants have done much to 
promote the growth and prosperity of the country. They 
have proved faithful both in peace and in war. After 
becoming citizens, they are entitled, under the Constitution 
and laws, to be placed on perfect equality with native-born 
citizens; and in this character they should ever be kindly 
recognised. The Federal Constitution is a grant from the 
States to Congress of certain specific powers, and the 
question whether this grant should be liberally or strictly 


296 


TIIE TRUE REPUBLICAN. 


construed has more or less divided political parties from 
the beginning. Without entering into the argument, I 
desire to state, at the commencement of my administration, 
that long experience and observation have convinced me 
that a strict construction of the powers of the government 
is the only true, as well as the only safe, theory of the Con¬ 
stitution. Whenever, in our past history, doubtful powers 
have been exercised by Congress, these have never failed 
to produce injurious and unhappy consequences. Many 
such instances might be adduced if this were the proper 
occasion. Neither is it necessary for the public service 
to strain the language of the Constitution, because all the 
great and useful powers required for a successful admi¬ 
nistration of the government, both in peace and in war, 
have been granted either in express terms, or by the 
plainest implication. Whilst deeply convinced of these 
truths, I yet consider it clear that, under the war-making 
power, Congress may appropriate money towards the con¬ 
struction of a military road, when this is absolutely neces¬ 
sary for the defence of any State or Territory of the Union 
against foreign invasion. Under the Constitution, Con¬ 
gress has power “to declare war”—“to raise and support 
armies”—“to provide and maintain a navy,” and to call 
forth the militia to “repel invasion.” Thus endowed in 
an ample manner with the war-making power, the corre¬ 
sponding duty is secured that “the United States shall 
protect each of them (the States) against invasion.” 
Now, is it possible to afford this protection to California 
and our Pacific possessions except by means of a military 
road through the territories of the United States, over 
which men and munitions of war may be speedily trans¬ 
ported from the Atlantic States to meet aud repel the 
invader? In the event of a war with a naval power much 
stronger than our own, we should then have no other 
available access to the Pacific coast, because such a power 
would instantly close the route across the Isthmus of Cen¬ 
tral America. It is impossible to conceive that, whilst the 
Constitution has expressly required Congress to defend all 
the States, it should yet deny to them by any fair con¬ 
struction the only possible means by which one of these 
States can be defended. Besides, the government, ever 


buciianan’s inaugural address. 


297 


) 


since its origin, has been in the constant practice of con¬ 
structing military roads. It might also be wise to consider 
whether the love for the Union which now animates our 
fellow-citizens on the Pacific coast may not be impaired 
by our neglect or refusal to provide for them, in their re¬ 
mote and isolated condition, the only means by which the 
power of the States on this side of the Rocky Mountains 
can reach them in sufficient time to protect them against 
invasion. 

I forbear for the present from expressing an opinion as 
to the wisest and most economical mode in which the go¬ 
vernment can lend its aid in accomplishing this great and 
necessary work. I believe that many of the difficulties in 
the way, which now appear formidable, will in a great 
degree vanish as soon as the nearest and best route shall 
have been satisfactorily ascertained. It may be right that 
on this occasion I should make some brief remarks in 
regard to our rights and duties as a member of the great 
family of nations. In our intercourse with them there 
are some plain principles approved by our own experience, 
from which we should never depart. 

We ought to cultivate peace, commerce, and friendship 
with all nations; and this, not merely as the best means 
of promoting our own material interests, but in a spirit 
of Christian benevolence towards fellow-men wherever 
their lot may be cast. 

Our diplomacy should be direct and frank,—neither 
seeking to obtain more, nor accepting less, than is our due. 
We ought to cherish a sacred regard for the independence 
of all nations, and never attempt to interfere in the do¬ 
mestic concerns of any, unless this shall be imperatively 
required by the great law of self-preservation. To avoid] 
entangling alliances has been a maxim of our policy ever 
since the days of Washington, and its wisdom no one will 
attempt to dispute. 

In short, we ought to do justice in a kindly spirit to all 
nations, and require justice from them in return. 

It is our glory that, whilst other nations have extended 
their dominions by the sword, we have never acquired any 
territory except by fair purchase, or, as in the case of 
Texas, by the voluntary determination of a brave, kindred, 


298 


THE TRUE REPUBLICAN. 


and independent people to blend their destinies with our 
own. Even our acquisitions from Mexico form no excep¬ 
tion. Unwilling to take advantage of the fortune of war 
against a sister republic, we purchased these possessions 
under the treaty of peace for a sum which was considered 
at the time a fair equivalent. Our past history forbids 
that we should in the future acquire territory, unless this 
be sanctioned by the laws of justice and honour. Acting 
on this principle, no nation will have a right to interfere 
or to complain if, in the progress of events, we shall still 
further extend our possessions. Hitherto, in all our ac¬ 
quisitions, the people under the protection of the Ame¬ 
rican flag have enjoyed civil and religious liberty, as well 
as equal and just laws, and have been contented, pros¬ 
perous, and happy. Their trade with the rest of the world 
has rapidly increased, and thus every commercial nation 
has shared largely in their successful progress. I shall 
now proceed to take the oath prescribed by the Constitu¬ 
tion—whilst humbly invoking the bossings of Divine 
Providence on this great people. 


APPENDIX. 



CONSTITUTION OF THE UNITED STATES 


We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. 

Skc. I.—All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Sec. II.— l. The House of Representatives shall be 
composed of members chosen every second year, by the 
people of the several states: and the electors in each 
state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

2. No person shall be a representative who shall not 
have attained the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of the state in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportion¬ 
ed among the several states which may be included within 
this union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-filths of 
all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress 
of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. 
The number of Representatives shall not exceed one for 
every thirty thousand, but each state shall have at least 
one representative : and until such enumeration shall be 
made, the state of A cw Hampshire shall be entitled to 



6 


CONSTITUTION 


choose three ; Massachusetts, eight; Rhode Island and 
Providence Plantations, one; Connecticut, five ; New 
York, six; New Jersey, four; Pennsylvania, eight; Dela• 
ware, one; Maryland, six; Virginia, ten; North Caroli* 
na, five; South Carolina, five; Georgia, three. 

4. When vacancies happen in the representation from 
any state, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole power 
of impeachment. 

Sec. III. — 1. The Senate of the United States shall 
be composed of two senators from each state, chosen by 
the legislature thereof, for six years ; and each senator 
shall have one vote. 

2. Immediately after they shall be assembled in conse¬ 
quence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
senators of the first class shall be vacated at the expira¬ 
tion of the second year, of the second class at the expi¬ 
ration of the fourth year, and the third class at the expi¬ 
ration of the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by resig¬ 
nation or otherwise, during the recess of the legislature 
of any state, the executive thereof may make temporary 
appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

3. No person shall be a senator who shall not have 
attained the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall 
be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other officers, and also 
a president pro tempore in the absence of the Vice Pre¬ 
sident, or when he shall exercise the office of President 
of the United States. 

6. The Senate shall have the sole power to try all im¬ 
peachments When sitting for that purpose, they shall be 


OF TIIE UNITED STATES. 


7 


on oath or affirmation. When the President of the Uni¬ 
ted States is tried, the Chief Justice shall preside; and 
no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7. Judgment in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit under 
the United States; but the party convicted shall, never¬ 
theless, be liable and subject to indictment, trial, judg¬ 
ment, and punishment according to law. 

Sec. IV.—1. The times, places, and manner of hold¬ 
ing elections for senators and representatives shall be 
prescribed in each state,by the legislature thereof; but 
the Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators. 

2. The Congress shall assemble at least once in every 
year; and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day. 

Sec. V.—3. Each house shall be judge of the elec¬ 
tions, returns and qualifications of its own members; and 
a majority of each shall constitute a quorum to do busi¬ 
ness; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of ab¬ 
sent members, in such manner, and under such penalties, 
as each house may provide. 

2. Each house may determine the rules of its pro¬ 
ceedings, punish its members for disorderly behavior, and 
with the concurrence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house on any 
question shall, at the desire of one-fifth of those present, 
be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses shall be sitting. 

Sec. VI.—1. The senators and representatives shall 
receive a compensation for their services, to be ascertain- 


8 


CONSTITUTION 


ed by law, and paid out ol^the treasury of the United 
States. They shall, in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest, during 
their attendance at the session of their respective houses, 
and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be ques¬ 
tioned in any other place. 

2. No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States, shall be a member of either 
house, during his continuance in office. 

Skc. VII.—1. All bills for raising revenue shall ori¬ 
ginate in the House of Representatives; but the Senate 
may propose or concur with amendments as on other 
bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a law, be presented to the President of the United States; 
if he approve, he shall sign it; but if not, he shall return 
it with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such re¬ 
consideration, two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to 
the other house, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases, the 
votes of both houses shall be determined by yeas and 
nays; and the names of the persons votingfor and against 
the bill, shall be entered on the journals of each house 
respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless Congress, by 
their adjournment prevent its return; in which case it 
shall not be a law. 

3. Every order, resolution, or vote, to which the con¬ 
currence of the Senate and House of Representative? 


OF THE UNITED STATEST 


9 


may be necessary (except on a question of adjournment) 
shall be presented to the President of the United States; 
and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassei 
by two-thirds of the Senate and House of Representa¬ 
tives, according to the rules and limitations prescribed in 
the case of a bill. 

Sec. VIII.—The Congress shall have power— 

1. To lay and collect taxes, duties, imposts, and ex¬ 
cises ; to pay the debts and provide for the common de¬ 
fence and general welfare of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States: 

2. To borrow money on the credit of the United 
States: 

3. To regulate commerce with foreign nations and 
among the several states, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States : 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and mea¬ 
sures : 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States: 

7. To establish post offices and post roads: 

8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis¬ 
coveries : 

9. To constitute tribunals inferior to the supreme 
court: 

10. To define and punish piracies and felonies commit¬ 
ted on the high seas, and offences against the law of na¬ 
tions : 

11. To declare war, grant letters of marque and re¬ 
prisal, and make rules concerning captures on land and 
water: 

12. To raise and support armies; but no appropria¬ 
tion of money to that use shall be for a longer term than 
two years ' 


10 


CONSTITUTION 


13. To provide and maintain a navy: 

14. To make rules for the government and regulation 
of the land and naval forces: 

15. To provide for calling forth the militia to execute 
the laws of the union, suppress insurrections, and repel 
invasions: 

16. To provide for organizing, arming and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States, reserv¬ 
ing to the states respectively the appointment of the offi¬ 
cers, and the authority of training the militia, according 
to the discipline prescribed by Congress: 

17. To exercise exclusive legislation, in all cases what¬ 
soever, over such district (not exceedingien miles square) 
as may, by cession of particular states, and the accept¬ 
ance of Congress, become the seat of government of the 
United States, and to exercise like authority over all places 
purchased by the consent of the legislature of the state 
in which the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful build¬ 
ings: And, 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this constitution in the 
government of the United States, or in any department 
or officer thereof. 

Sec. IX.—1. The migration or importation of such 
persons as any of the states, now existing, shall think 
proper to admit, shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight, 
but a tax or duty -may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The privilege of the w r rit of habeas corpus shall not 
be suspended, unless, when, in cases of rebellion or inva¬ 
sion, the public safety may require it. 

3. No bill of attainder, or ex post facto law r , shall be 
passed. 

4. No capitation or other direct tax shall be laid, un¬ 
less in proportion to the census or enumeration herein 
before directed to be taken. 


OP TIIE UNITED STATES. 


11 


5. No tax or duty shall be laid on articles exported 
from any state. No preference shall be given, by any 
regulation of commerce or revenue, to the ports o[ one 
state over those of another; nor shall vessels bound to oi 
from one state be obliged to enter, clear, or pay duties 
in another. 

6. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and a regu¬ 
lar statement and account of the receipts and expendi¬ 
tures o all public money shall be published from time to 
time. 

7. No title of nobility shalH>e granted by the United 
States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, 
accept of any present, emolument, office or title of any 
kind whatever, from any king, prince, or foreign state. 

Sec. X.— 1. No state shall enter into any treaty, affi¬ 
ance, or confederation; grant letters of marque and repri¬ 
sal; coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law im¬ 
pairing the obligation of contracts ; or grant any title of 
nobility. 

2. No state shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in¬ 
spection laws; and the net produce of all duties and im¬ 
ports laid by any state on imports or exports, shall be for 
the use of the treasury of the United States, and ail 
such laws shall be subject to the revision and control of 
the Congress. No state shall, without the consent of 
Congress, lay any duty on tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another state or with a foreign power, or 
engage in war, unless actually invaded, or in such immi 
nent danger as will not admit of delay. 

ARTICLE II. 

Sec. 1 —The executive powei shall be vested m a 
President of the United States of America. He shall 
‘'old his office during the term of four years, ar.d, together 


12 


CONSTITUTION 


with the Vice-President, chosen for the same term, be 
elected as follows: 

2. Each state shall appoint in such manner as the le¬ 
gislature thereof may direct, a number of electors, equal 
to the whole number of senators and representatives to 
which the state may be entitled in the Congress; but no 
senator or representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector. 

3. [Annulled. See Amendments, art. 12.] 

4. The Congress may determine the time of choosing 

the electors, and the day on which they shall give their 
votes; which day shall be the same throughout the Uni¬ 
ted States. 0 

5. No person except a natural-born citizen, or a citi¬ 
zen of the United States at the time of the adoption of 
this constitution, shall be eligible to the office of Presi¬ 
dent; neither shall any person be eligible to that office, 
who shall not have attained the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 

f>. In case of the removal of the President from office, 
or of his death, resignation or inability to discharge the 
powers’ and duties of s A aid office, the same shall devolve 
on the Vice-President; and the Congress may by law 
•provide for the case of removal, death, resignation, or in¬ 
ability, both of the President and Vice-President, decla¬ 
ring what officer shall then act as President, and such offi¬ 
cer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

7. The President shall, at stated times, receive for his 
services a compensation which shall neither be increased 
nor diminished during the period for which he shall have 
been elected; and he shall not receive, within that period, 
any other emolument from the United States, or any of 
them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation:— 

“I dc solemnly swear (or affirm) that I will faithfully 
execute the office of President of the* United States, and 
will, to the best of my ability, preserve, protect, and de 
fend the constitution of the United States.” 


/ 


OF TIIE UNITED STATES. 


13 


Sec II.«—1. The President shall he commander-in 
chief of the army and navy of the United States* and of 
the militia of the several states, when called into the ac¬ 
tual service of the United States: he may require the 
opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the 
duties of their respective offices; and he shall have power 
to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds 
of the senators present concur; and he shall nominate, 
and by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other offi 
cers of the United States, whose appointments are not 
herein otherwise provided for, and "which shall be esta¬ 
blished by law. But the Congress may, by law, vest the 
appointment of such inferior offices as they think proper, 
in the President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill up all vacan¬ 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of 
their next session. 

Sec. III.—1. He shall, from time to time, give to the 
Congress information of the state of the union, and re¬ 
commend to their consideration such measures as he 
shall judge necessary and expedient; he may, on extra¬ 
ordinary occasions, convene both houses, or either of 
them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them 
o such time as he may think proper; he shall receive 
ambassadors, and other public ministers ; he shall take 
care that the laws be faithfully executed ; and shall com¬ 
mission all the officers of the United States. 

Sec. IV. — 1 The President, Vice-President, and all 
civil officers of the United States, shall be removed from 
office on impeachment for, and conviction of, treason, 
bribery, ji other high crimes and misdemeanors. 


14 


CONSTITUTION 


ARTICLE III. 

Sec. I.—1. The judicial power of the United States 
•hall be vested in one supreme court, and ii such inferior 
courts as the Congress may, from time to time, ordain and 
establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior, and 
*hall at stated times, receive for their services a compen¬ 
sation which shall not be diminished during their contin¬ 
uance in office. 

Sec. II.—1. The judicial power shall extend to all 
?ases in law and equity arising under this constitution, the 
laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting 
ambassadors, other public ministers and consuls; to all 
cases of admiralty and maritime jurisdiction; to contro¬ 
versies to which the United States shall be a party; to 
controversies between two or more states; between a 
state and citizens of another state; between citizens of 
different states ; between citizens of the same state, claim¬ 
ing lands under grants of different states, and between 
a state, of the citizens thereof, and foreign states, citi¬ 
zens or subjects. 

2. In all cases affecting ambassadors, other public mi¬ 
nisters and consuls, and those in which a state shall be a 
party, the supreme court shall have original jurisdiction. 
In all other cases before mentioned, the supreme court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeach¬ 
ment, shall be by jury; and such trial shall be held in the 
state where the said crimes shall have been committed; 
but when not committed within any state, the trial shall 
be at such place or places as the Congress may by law 
have directed. 

Sec. III.—1. Treason against the United States shali 
consist only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. No per¬ 
son shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or confessions in 
open court. 


f 


OF THE UNITED STATES. 15 

2. The Congress shall have power to declare the pun¬ 
ishment of treason ; but no attainder of treason shall 
work corruption of blood, or forfeiture, except during the 
life of the person attainted. 

ARTICLE IV. 

Sec. I.—1 . Full faith and credit shall be given in each 
state to the public acts, records, and judicial proceedings 
of every other state. And the Congress may, by general 
laws, prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 

Sec. II.—1. The citizens of each state shall be enti 
tied to all privileges and immunities of citizens in the 
several states. 

2. A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be found 
in another state, shall, on demand of the executive au¬ 
thority of the state from which he fled, be delivered up to 
be removed to the state having jurisdiction of the crime. 

3. No person held to service or labor in one state, un¬ 
der the laws thereof, escaping into another, shall, in con¬ 
sequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 
due. 

Sec. III.— 1. New states maybe admitted by the Con¬ 
gress into this union; but no new state shall be formed 
or erected within the jurisdiction of any other state; nor 
any state be formed by the junction of two or more 
states or parts of states, without the consent of the legis¬ 
lature of the states concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United States; 
and nothing in this constitution shall be so construed as 
to prejudice any claims of the United States, or of any 
particular state. 

Sec IV.—1. The United States shall guarantee to 
every state in this union, a republican form ot govern¬ 
ment, and shall protect each of them against invasion. 


16 


CONSTITUTION 


and, on application of the legislature, or of the execu 
live, (when the legislature cannot be convened,) against 
domestic violence. 


ARTICLE V. 

1. The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to this 
constitution, or on the application of the legislatures of 
two-thirds of the several states, shall call a convention 
for proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this constitu¬ 
tion, when ratified by the legislatures of three-fourths of 
the several states, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may 
be proposed by the Congress; provided that no amend¬ 
ment which may be made prior to the year one thousand 
eight hundred and eight, shall in any manner affect the 
first and fourth clauses in the ninth section of the first 
article; and that no state, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into 
before the adoption of this constitution, shall be as valitf 
against the United States under this constitution, as undei 
the confederation. 

2. This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all trea¬ 
ties made, or which shall be made under the authority of 
the United States, shall be the supreme law of the land ; 
and the judges in every state shall be bound thereby ; any 
thing in the constitution or laws of any state to the con¬ 
trary notwithstanding. 

3. The senators and representatives before mentioned, 
and the members of the several state legislatures, and all 
executive and judicial officers, both of the United States 
and of the several states, shall be bound by oath or affir¬ 
mation to support this constitution ; but no religious test 
shall ever be required as a qualification to any office or 
public trust under the United States. 


OP THE UNITED STATES. 


17 


ARTICLE VII. 


1. The ratification of the conventions of nine states 
shall be sufficient for the establishment of this constitu¬ 
tion between the states so ratifying the same. 


Done in convention, by the unanimous consent of the 
states present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United 
States of America, the twelfth. In witness whereof, 
we have hereunto subscribed our names. 


GEORGE WASHINGTON, 

President , and Deputy from Virginia • 


New Hampshire. 
John Langdon, 

Nicholas Gilman. 

Massachusetts. 

Nathaniel Gorham, 
Rufus King. 

Connecticut. 

Wm. Samuel Johnson, 
Roger Sherman. 


Delaware , 

George Reed, 

Gunning Bedford, Jr 
John Dickerson, 

Richard Bassett, 

Jacob Broom. 

Maryland. 

James M’Henry, 

Daniel Jenifer, of St. Tho. 
Daniel Carroll. 


New York. 

Alexander Hamilton. 

New Jersey. 
William Livingston, 
David Brearley, 
William Patterson. 
Jonathan Dayton. 

Pennsy Irani a. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Governeur Morris. 


Virginia. 

John Blair. 

James Madison, Jr. 

North Carolina . 
William Blount, 

Rich. Dobbs Spaight, 
Hugh Williamson. 

South Carolina. 
John Rutledge, 
Charles C. Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 

Arraham Baldwin. 


WILLIAM JACKSON, Secretary 


18 


CONSTITUTION 


AMENDMENTS TO THE CONSTITUTION 


Art. I.—Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exer¬ 
cise thereof; or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to as¬ 
semble and to petition the government for a redress of 
grievances. 

Art. II.— -A well-regulated militia being necessary to 
the security of a free state, the right of the people to keep 
and bear arms shall not be infringed. 

Art. III.—No soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law. 

Art. IV.—The right of the people to be secure in 
their persons, houses, papers, and effects, against unrea¬ 
sonable searches and seizures, shall not be violated; and 
no warrants shall issue but upon probable cause, support¬ 
ed by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized. 

Art. V.—No person shall be held to answer for a capi¬ 
tal, or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in eases arising in 
the land or naval forces, or in the militia when in actual 
service, in time of war or public danger; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb; nor shall be compelled, in any 
criminal case, to be witness against himself, nor be dej- 
prived of life, liberty, or property, without due process 
of law; nor shall private property be taken for public use 
without just compensation. 

Art. VI.—In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public trial, by an 
impartial jury of the state and district wherein the crime 
shall have been committed, which district shall have been 
previously ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be contionted 
with the witnesses against him; to have compulsory nro- 



OF THE UNITED STATES. 19 

crss for obtaining witnesses in his favor; and to have the 
assistance of counsel for his defence. 

Art. VII.—In suits of common law, where the value 
in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved; and no fact, tried by a 
jury, shall be otherwise re-examined in any court of the 
United States, than according to the rules of the com¬ 
mon law. 

Art. VIII.—Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punish¬ 
ments inflicted. 

Art. IX.—The enumeration in the constitution, of 
certain rights, shall not be construed to deny or disparage 
others retained by the people. 

Art. X.—The powers not delegated to the United 
States by the constitution, nor prohibited to it by the 
states, are reserved to the states respectively, or to the 
people. 

Art. XI.—The judicial power of the United States 
shall not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of the 
United States by citizens of another state, or by citizens 
or subjects of any foreign state. 

Art. XII.—1. The electors shall meet in their respec¬ 
tive states, and vote by ballot for President and Vice- 
President, one of whom, at least, shall not be an inhabi 
taut of the same state with themselves; they shall name 
in their ballots the persons voted for as President, and in 
distinct ballots the persons voted for as Vice-President; 
and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-Presi 
dent, and of the number of votes for each; which lists 
they shall sign and certify, and transmit sealed to the seat 
of government of the United States, directed to the 
President of the Senate. The President of the Senate 
shall, in the presence of the Senate and House of Re¬ 
presentatives, open all the certificates, and the votes shall 
then be counted; the person having the greatest number 
of votes for President, shall be President, if such number 
be a majority of the whole number of electors appointed , 
and if no person have such majority, then from the per- 


20 


CONSTITUTION OF THE UNITED STATES. 


boos having the highest number, not exceeding three on 
the list of those voted for as President, the House of Re¬ 
presentatives shall choose immediately, by ballot, the Pre¬ 
sident.—But in choosing the President, the votes shall be 
taken by states, the representation from each state having 
one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of the 
President. 

2. The person having the greatest number of votes as 
Vice-President, shall be the Vice-President, if such number 
be a majority of the whole number of electors appointed; 
and if no person have a majority, then from thetwohigh- 
est numbers on the list, the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President 
of the United States. 

Art. XIII.—If any citizen of the United States shall 
accept, claim, receive, o* retain any title of nobility or 
honor, or shall, without the consent of Congress, accept 
or retain any present, pension, office, or emolument of any 
kind whatever, from any emperor, king, prince, or for¬ 
eign power, such person shall cease to be a citizen of the 
United States, and shall be incapable of holding any office 
of trust or profit under them, or either of them. 


21 


CONSTITUTION OF MASSACHUSETTS. 

PART I. 

d Declaration of Rights of the Inhabitants of the Com 
monwealth of Massachusetts. 

Article 1. All men are born free and equal, and have 
certain natural, essential, and unalienable rights: among 
which may be reckoned the right of enjoying and defend 
ing their lives and liberties ; that of acquiring, possessing 
and protecting property ; in fine, that of seeking and ob 
taining their safety and happiness. 

2. It is the right, as well as the duty, of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the Great Creator and Preserver of the 
Universe. And no subject shall be hurt, molested, or 
restrained in his person, liberty, or estate, for worshipping 
God in the manner and seasons most agreeable to the 
dictates of his own conscience ; or for his religious pro¬ 
fession or sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious wor 
ship. 

* 3. As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused throughout the community, but by ** 
the institution of a public worship of God, and of public 
institutions in piety, religion, and morality; therefore, to 
promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature 
with power to authorize and require, and the legislature 
shall, from time to time, authorize and require, the 
several towns, parishes, precincts, and other bodies politic, 
or religious societies, to make suitable provision, at their 
own expense, for the institution of the public worship of 
God, and for the support and maintenance of public protes- 
tant teachers of piety, religion, and morality in all cases 
where such provision shall nat be made voluntarily 
27* 


99 


CONSTITUTION OF MASSAC UUSETT5. 


All the people of the commonwealth have also a right 
to, and do, invest their legislature with authority to enjoin 
up< n all the subjects an attendance upon the instructions 
of the public teachers, as aforesaid, at stated times and 
seasons, if their be any one whose instructions they can 
conscientiously and conveniently attend :— 

Provided, notwithstanding, that the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, shall, at all times, have the exclusive right of 
electing their public teachers, and of contracting with 
them for their support and maintenance. 

All moneys paid by the subject to the support of public 
worship, and of the public teachers aforesaid, shall, if he re¬ 
quire it, be uniformly applied to the support of the public 
teacher or teachers of his own religious sect or denomi¬ 
nation, provided there be any, on whose instruction he 
attends; otherwise it may be paid towards the support ot 
the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning 
themselves peaceably, and as good subjects of the com¬ 
monwealth, shall be equally under the protection of the 
law; and no subordination of any sect or denomination 
to another shall ever be established by law. 

4. The people of the commonwealth have the sole and* 
exclusive right of governing themselves, as a free, sove¬ 
reign, and independent Stale : and do, and for ever here¬ 
after shall, exercise and enjoy every power, jurisdiction, 

and right, which is not, or may not hereafter be by them 
expressly delegated to the United States of America, in 
congress assembled. 

5. All power residing originally in the people, and 
being derived from them, the several magistrates and of¬ 
ficers of government vested with authority, whether legis¬ 
lative, executive, or judicial, are their substitutes and 
agents, and are at all times accountable to them. 

6. No man, or corporation, or association of men, have 
any other title to obtain advantages, or particular and ex¬ 
clusive privileges, distinct from those of the community, 
than what arises from the consideration of services ren¬ 
dered to the public And this title being, in nature 


CONSTITUTION OF MASSACHUSETTS. 


23 


neititer hereditary nor transmissible to children 01 de¬ 
scendants, or relations of blood, the idea of a man born a 
magistrate, lawgiver, or judge, is absurd and unnatural. 

7. Government is instituted for the common good : for 
the protection, safety, prosperity and happiness of the 
people : and not for the profit, honor, or private interest 
of any one man, family, or any one class of men. There¬ 
fore, the people alone have an incontestable, unalienable, 
and indefeasible right to institute government, and to re¬ 
form, alter, or totally change the same, when their pro¬ 
tection, safety, prosperity and happiness require it. 

8. fn order to prevent those who are vested with autho¬ 
rity from becoming oppressors, the people have a right, 
at such periods and in such manner as they shall establish 
by the frame of Government, to cause their public officers 
to return to private life, and to fill up vacant places by 
certain and regular elections and appointments. 

9. All elections ought to be free: and all the inhabi¬ 
tants of this commonwealth, having such qualifications 
as they shall establish by their frame of Government, 
have an equal right to elect officers, and to be elected for 
public employments. 

10. Each individual of the society has a right to be 
protected by it, in the enjoyment of his life, liberty, and 
property, according to the standing laws. He is obliged, 
consequently, to contribute his share to the expense of 
this protection; to give his personal service, or an equi¬ 
valent, when necessary. But no part of the property of 
any individual can, with justice, be taken from him, or 
applied to the public use, without his own consent, or 
that of the representative body of the people. In fine 
the people of this commonwealth are not controllable by 
any other laws than those to which their constitutional 
representative body have given their consent. And 
whenever the public exigencies require that the property 
of any individual should be appropriated to public uses, 
he shall receive a reasonable compensation therefor. 

11. Every subject of the commonwealth ought to find 
a certain remedy, by having recourse to the laws, for ali 
injuries or wrongs which he may receive, in his person, 
property, or character. He ought to obtain right and 


24 


CONSTITUTION OF MASSACHUSETTS. 


justice freely, and without being obliged to purchase it— 
completely, and without any denial—promptly, and with¬ 
out delay—conformably to the laws. 

12. No person shall be held to answer for any crime 
or offence, until the same is fully and plainly, substantial¬ 
ly and formally, described to him ; or be compelled to 
accuse or furnish evidence against himself. And every 
person shall have a right to produce all proofs that may 
be favorable to him ; to meet the witnesses against hitn, 
face to face, and be fully heard in his defence, by himself, or 
his counsel, at his election. And no person shall be arrested, 
imprisoned, or despoiled or deprived of his property, im¬ 
munities, or privileges, put out of the protection of the 
law, exiled, or deprived of his life, liberty,^* estate, but 
by the judgment of his peers, or the law of the land. 

And the legislature shall not make any law that shall 
subject any person to a capital or infamous punishment 
(excepting for the Government of the army and navy) 
without trial by jury. 

13. In criminal prosecutions the verifications of facts, 
in the vicinity where they happen, is one of the greatest 
securities of the life, liberty, and property of the citi¬ 
zen. 

14. Every person has a right to be secure from all 
unreasonable searches and seizures of his person, his 
house, his papers, and all his possessions. All warrants, 
therefore, are contrary to this right, if the cause or foun¬ 
dation of them be not previously supported by oath or 
affirmation ; and if the order, in a warrant to a civil offi¬ 
cer, to make search in all suspected places, or to arrest 
one or more suspected persons, or to seize their property, 
be not accompanied with a special designation of the per¬ 
sons, or objects of search, arrest, or seizure. And no 
warrant ought to be issued but in such cases, and with 
the formalities prescribed by the laws. 

15. In all controversies concerning property, and in all 
suits between two or more persons, (except in cases in 
which it has heretofore been otherwise used and prac¬ 
tised,) the parties have a right to a trial by jury ; and this 
method of procedure shall be held sacred,—unless, in 
cases arising on the high seas, and such as relate to ma- 


CONSTITUTION OF MASSACHUSETTS. 25 

liner’s wages, the legislature shall hereafter find it neces 
sary to alter it. 

16. The liberty of the press is essential to security of 
freedom in a state ; it ought not, therefore, to be restrain¬ 
ed in this commonwealth. 

17. The people have a right to keep and to bear arms 
for the common defence. And as, in time of peace, 
armies arc dangerous to liberty, they ought not to be 
maintained, without the consent of the legislature : and 
the military power shall always be held in exact subordi¬ 
nation to the civil authority, and be governed by it. 

18. A frequent recurrence to the fundamental princi¬ 
ples of the Constitution, and a constant adherence to those 
of piety, justice, moderation, temperance, industry, and 
frugality, are absolutely necessary to preserve the advan¬ 
tages of liberty, and to maintain a free government. The 
people ought, consequently, to have a particular attention 
to all those principles, in the choice of their officers and 
representatives, and they have a right to require of their 
lawgivers, and magistrates, an exact and constant obser¬ 
vance of them, in the formation and execution of all laws 
necessary for the good administration of the common¬ 
wealth. 

19. The people have a right, in an orderly and peace¬ 
able manner, to assemble upon the common good, give 
instruction to their representatives ; and to request of the 
legislative body, by the way of addresses, petitions, or 
remonstrances, redress of the wrongs done them, and of 
the grievances they suffer. 

20. The power of suspending the laws, or the execu¬ 
tion of the laws, ought never to be exercised but by the 
legislature: or by authority derived from it, to be exer¬ 
cised in such particular cases only as the legislature shall 
expressly provide for. 

21. The freedom of deliberation, speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or plpve whatsoever. 

22. The legislature ought frequently to assemble, for 
the redress of grievances, for correcting, strengthening, 


26 


CONSTITUTION OF MASSACHUSETTS. 


and confirming the laws, and for making new laws, as 
die common good may require. 

23. No subsidy, charge, tax, impost, or duties, ought 
to be established, fixed, laid, or levied, under any pretext 
whatever, without the consent of the people, or their re¬ 
presentatives in the legislature. 

24. Laws made to punish for actions done before the 
existence of such laws, and which have not been declared 
crimes by preceding laws, are unjust, oppressive, and in¬ 
consistent with the fundamental principles of a free govern¬ 
ment. 

25. No person ought, in any case, or in any time, to 
be declared guilty of treason or felony by the legislature.. 

26. No magistrate, or court of law, shall demand ex¬ 
cessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

27. In time of peace, no soldier ought to be quartered 
in any house, without the consent of the owner ; and in 
time of war, such quarters ought not to be made, but by 
the civil magistrates, in manner ordained by the legislature. 

28. No person can, in any case, be subjected to law 
martial, or to any penalties or pains by virtue of that 
law, (except those employed in the army or navy, and 
except the militia in actual service,) but by the authority 
of the legislature. 

29. It is essential to the preservation of the rights of 
every individual, his life, liberty, property, and charac¬ 
ter, that there be an impartial interpretation of the laws, 
and ad ministrati in of justice. It is the right of every citi¬ 
zen to be tried by judges as free, impartial, and indepen¬ 
dent, as the lot of humanity will admit. It is, therefore, 
not only the best policy, but for the security of the rights 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long 
as they behave themselves well; and that they should 
have honorable salaries, ascertained and established by 
standing laws. 

30. In the government of this commonwealth, the le¬ 
gislative department shall never exercise the executive 
and judicial powers, or either of them ; the executive 
shall never exercise the legislative and judicial power*. 


CONSTITUTION OF MASSACHUSETTS 


27 


or either of them; the judicial shall never exercise the 
legislative and executive powers, or either of them: to 
die end that it maybe a government of laws, and not of men. 

PART II. 

Frame of Government. 

The people inhabiting the territory formerly called the 
province of Massachusetts Bay, do hereby solemnly and 
mutually agree with each other to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of— The Commonwealth of Massachusetts 

CHAPTER I. 

Section 1.—The Legislative Power. 

The General Court. 

Article 1. The department of legislation shall be form¬ 
ed by two branches, a Senate and House of Representatives : 
each of which shall have a negative on the other. 

The legislative body shall assemble every year, on the 
last Wednesday of May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the last Wednesday in May; 
and shall be styled, The General Court of Massachusetts. 

2. No bill or resolve of the Senate or House of Repre¬ 
sentatives shall become a law, and have force as such, un¬ 
til it shall have been laid before the Governor for his re- 
visal; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But, 
if he have any objection to the passing of such bill or re¬ 
solve, he shall return the same, together with his objec 
tions thereto, in writing, to the Senate or House of Repre¬ 
sentatives, in whichsoever the same shall have originated ; 
who shall enter the objections sent down by the Governor, 
at large, on their records, and proceed to reconsider the 
said bill or resolve; but if, after such reconsideration 
two-thirds of the said Senate or House of Representatives 


28 


CONSTITUTION OF MASSACHUSETTS 


shall, notwithstanding the said objections, agree to pass 
the same, it shall, together with the objections, be sent 
to the other branch of the legislature, where it shall also 
be reconsidered, and if approved by two-thirds of the mem 
bers present, it shall have the force of a law ; but in all 
such cases the votes of both Houses shall be determined 
by yeas and nays: and the names of the persons voting 
for or against the said bill or resolve, shall be entered 
upon the public records of the commonwealth. 

And, in order to prevent unnecessary delays, if any bill 
or resolve shall not be returned by the Governor within 
five days after it shall have been presented, the same shall 
have the force of a law. 

3. The general court shall for ever have full power 
and authority to erect and constitute judicatories, and 
courts of record, or other courts, to be held in the name 
of the commonwealth, for the hearing, trying, and de¬ 
termining of all manner of crimes, offences, pleas, pro¬ 
cesses, plaints, actions, matters, causes, and things what¬ 
soever, arising or happening within the commonwealth, 
or between or concerning persons inhabiting, or residing, 
or brought within the same ; whether the same be crimi¬ 
nal or civil; or whether the said crimes be capital or not 
capital, or whether the said pleas be real, personal, or 
mixed ; and for the awarding and making out of execution 
thereupon; to which courts and judicatories are hereby 
given and granted full power and authority, from time to 
time, to administer oaths or affirmations, for the better 
discovery of truth in any matter in controversy or depend¬ 
ing before them. 

4. And further, full power and authority are hereby 
given and granted to the said general court, from time to 
time, to make, ordain and establish all manner of whole 
some and reasonable orders, laws, statutes, ordinances, 
directions, and instructions, either with penalties or 
without (so as the same be not repugnant or contrary 
to this Constitution,) as they shall judge to be for the good 
and welfare of this commonwealth, and for the govern¬ 
ment and ordering thereof, and of the citizens of the same, 
and for the necessary support and defence of the govern* 
ment thereof; and to name and settle annually, or pro* 



CONSTITUTION OF MASSACHUSETTS. 


29 


vide by fixed laws for the naming and settling all civil 
officers, within the said commonwealth, the election and 
constitution of whom are not hereafter, in this form of 
government, otherwise provided for: and to set forth the 
several duties, powers, and limits of the several civil and 
military officers of this commonwealth, and the forms of 
such oaths or affirmations shall be respectively adminis¬ 
tered unto them for the execution of their several offices 
and places, so as the same be not repugnant or contrary 
to this Constitution; and to impose and levy proportion- 
able and reasonable assessments, rates, and taxes upon all 
the inhabitants of, and persons resident, and estates lying 
within the said commonwealth; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandises, and commodities whatso¬ 
ever, brought into, produced, manufactured, or being 
within the same; to be issued and disposed of by warrant 
under the hand of the Governor of this commonwealth 
for the time being, with the advice and consent of the 
council, for the public service, in the necessary defence 
and support of the government of the said commonwealth, 
and the protection and preservation of the citizens thereof, 
according to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates in the 
manner that has hitherto been practised ; in order that such 
assessments may be made with equality, there shall be a 
valuation of estates within the commonwealth taken anew 
once in every ten years, at the least, and as much oftener 
as the general court shall order. 

CHAPTER 1. 

Section 2.— Senate. 

Article 1 There shall be annually elected by the free¬ 
holders and other inhabitants of this commonwealth, 
qualified as in this Constitution is provided, forty persons 
to be counsellors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
28 


30 


CONSTITUTION OF MASSACHUSETTS. 


into which the commonwealth may from time to time by 
divided by the general court for that purpose. And the 
general court, in assigning the numbers to be elected by 
the representative districts, shall govern themselves by 
the proportion of the public taxes paid by the said dis¬ 
tricts ; and timely make known to the inhabitants of the 
commonwealth, the limits of each district, and the num¬ 
bers of counsellors and senators to be chosen therein: 
provided that the number of such districts shall be never 
less than thirteen; and that no district be so large as to 
entitle the same to choose more than six senators. 

And the several counties in this commonwealth shall, 
until the general court shall determine it necessary to alter 
the said districts, be districts for choice of counsellors and 
senators, (except that the counties of Dukes county and 
Nantucket shall form one district for that purpose,)and shall 
elect the following number for counsellors and senators, viz.: 


Suffolk. 


York. 


Essex . 

Middlesex . . . 

. five 

Dukes county and } 
Nantucket < 

j one 

Hampshire . . . 

. four 

Worcester .... 


Plymouth. . . . 


Cumberland . . . 

. one 

Barnstable . . . 

. one 

Lincoln. 


Bristol. 


Berkshire .... 



2. The Senate shall be the first branch of the legisla¬ 
ture : and the senators shall be chosen in the following 
manner, viz : There shall be a meeting on the first Mon¬ 
day in April, annually forever, of the inhabitants of each 
town in the several counties of this commonwealth; to 
be called by the selectmen, and warned in due course of 
law, at least seven days before the first Monday in April, 
for the purpose of electing persons to be senators and 
counsellors. And at such meetings every male inhabitant, 
of twenty-one years of age and upwards, having a free¬ 
hold estate within the commonwealth of the annual in¬ 
come of three pounds, or any estate of the value of sixty 
pounds, shall have a right to give in his vote for the sen¬ 
ators for the district of which he is an inhabitant. And to 
remove all doubts concerning the word “ inhabitant” in 














CONSTITUTION OF MASSACHUSETTS. 


31 


this Constitution, every person shall be considered as an 
inhabitant (for the purpose of electing and being elected 
into any office or place within this state) in that town, 
district, or plantation, where hedwelleth or hath his home. 

The selectmen of the several towns shall preside at such 
meetings impartially ; and shall receive the votes of all the 
inhabitants of such towns, present and qualified to vote for 
senators; and shall sort and count them in open town n.eet 
ing, and in presence of the town clerk, who shall make a fail 
record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town 
clerk, and shall be sealed up, directed to the secretary of 
the commonwealth for the time being, with a superscrip¬ 
tion, expressing the purports of the contents thereof, and 
delivered by the town clerk of such town to the sheriff 
of the county in which such town lies, thirty days at 
least before the last Wednesday in May, annually ; or it 
shall be delivered into the secretary’s office seventeen 
days at least before the said last Wednesday in May ; 
and the sheriff of each county shall deliver all such certi¬ 
ficates by him received into the secretary’s office, seven¬ 
teen days before the said last Wednesday in May. 

And the inhabitants of plantations unincorporated, 
(qualified as this Constitution provides,) who are or shall 
be empowered and required to assess taxes upon them¬ 
selves, toward the support of government, shall have the 
same privilege of voting for counsellors and senators in 
the plantations where they reside, as town inhabitants 
have in their respective towns; and the plantation meet¬ 
ings for that purpose shall be held annually on the same 
first Monday in April, at such place in the plantations re¬ 
spectively as the assessors thereof shall direct; which as¬ 
sessors shall have like authority for notifying the electors, 
collecting and returning the votes, as the selectmen and 
town clerks have in their several towns, by this Constitu¬ 
tion ; and all other persons, living in places unincorpora¬ 
ted, (qualified as aforesaid,) who shall be assessed to the 
support of government by the assessors of an adjacent 
town, shall have the privilege of giving in then votes for 


32 CONSTITUTION OF MASSACHUSETTS. 

counsellors and senators in the town where they shall be 
assessed, and be notified of the place of meeting, by the 
selectmen of the town where they shall be assessed, tor 
that purpose, accordingly. 

3. And that there may be a due convention of senators 
on the last Wednesday in May annually, the Governor 
and five of the council, for the time being, shall, as soon 
as may be, examine the returned copies of such records ; 
and, fourteen days before the said day, he shall issue his 
summons to such persons as shall appear to be chosen by 
the majority of votes, to attend on that day and take their 
seats accordingly: provided, nevertheless, that, for the 
first year, the said returned copies shall be examined by 
the president and five of the council of the former Consti¬ 
tution of government: and the said president shall, in like 
manner, issue his summons to the persons so elected, that 
they may take their seats as aforesaid. 

4. The Senate shall be the final judge of the elections, 
returns, and qualifications of their own members, as 
pointed out in the Constitution; and shall, on the said 
last Wednesday in May, annually, determine and declare 
who are elected by each district, to be senators, by a ma¬ 
jority of votes : and in case there shall not appear to be 
the full number of senators returned, elected by a majori 
ty of votes for any district, the deficiency shall be sup¬ 
plied in the following manner, viz.: The members of the 
House of Representatives, and such senators as shall be de¬ 
clared elected, shall take the names of such persons as 
shall be found to have the highest number of votes in such 
district, and not elected, amounting to twice the number 
of senators wanting, if there be so many voted for; and 
out of these shall elect, by ballot, a number of senators 
sufficient to fill up the vacancies in such district; and in 
this manner all such vacancies shall be filled in every dis 
trict of the commonwealth: and, in liks manner, all va¬ 
cancies in the Senate, arising by death, removal out of 
the state, or otherwise, shall be supplied as soon as may 
be after such vacancies shall happen :— 

5. Provided, nevertheless, that no person shall be ca¬ 
pable of being elected a senator, who is not seized in his 
own right of a freehold within this commonwealth of the 


CONSTITUTION OF MASSACHUSETTS. 


33 


ralue of three hundred pounds at least, or possessed of per¬ 
sonal estate to the value of six hundred pounds at least, 
or of both to the amount of the same sum ; and who has 
not been an inhabitant of this commonwealth for the space 
of five years immediately preceding his election ; and at 
the time of his election he shall be an inhabitant in the 
district for which he shall be chosen. 

6. The Senate shall have power to adjourn themselves, 
provided such adjournments do not exceed two days at a 
time. 

7. The Senate shall choose its own president, appoint 
its own officers, and determine its own rules of proceedings. 

8. The Senate shall be a court with full authority to 
hear and determine all impeachments made by the House 
of Representatives, against any officer or officers of the 
commonwealth, for misconduct, and maladministration in 
their offices. But, previous to the trial of every impeach¬ 
ment, the members of the Senate shall respectively be 
sworn, truly and impartially to try and determine the 
charge in question, according to evidence. Their judgment, 
however, shall not extend further than to removal from 
office, and disqualification to hold or enjoy any place of 
honor, trust, or profit, under this commonwealth : but the 
party so convicted shall be, nevertheless, liable to im¬ 
peachment, trial, judgment, and punishment, according to 
the laws of the land. 

9. Not less than sixteen members of the Senate shall 
constitute a quorum for doing business. 

CHAPTER I. 

Section 3. —House of Representatives. 

Article 1. There shall be, in the legislature of thiff 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equality. 

2. And in order to provide for a representation of the 
citizens of this commonwealth, founded on the principles 
of equality, every corporate town containing one hundred 
and fifty ratable polls may elect one representative ; eve- 
-y corporate town containing three hundred and seventy- 


34 


CONSTITUTION OF MASSACHUSETTS 


five ratable polls may elect two representatives : every 
corporate town containing six hundred ratable polls, may 
elect three representatives; and proceeding in that man¬ 
ner, making two hundred and twenty-five ratable polls 
the mean increasing number for every additional repre¬ 
sentative : 

Provided, nevertheless, that each town now incorpora¬ 
ted, not having one hundred and fifty ratable polls, may 
elect one representative. But no place shall hereafter be 
incorporated with the privilege of electing a representa¬ 
tive, unless there are, within the same, one hundred and 
fifty ratable polls. 

And the House of Representatives shall have power, 
from time to time, to impose fines upon such towns as 
shall neglect to choose and return members to the same, 
agreeably to this Constitution. 

The expenses of travelling to the general assembly, 
and returning home, once in every session, and no more, 
shall be paid by the government, out of the public trea¬ 
sury, to every member who shall attend as seasonably as 
he can, in the judgment of the House, and does not de¬ 
part without leave. 

3. Every member of the House of Representatives shall 
be chosen by written votes ; and for one year at least next 
preceding his election shall have been an inhabitant of, 
and have been seized in his own right of a freehold of 
the value of one hundred pounds within the town he shall 
be chosen to represent, or any ratable estate, to the value 
of two hundred pounds ; and he shall cease to represent 
the said town immediately on his ceasing to be qualified 
as aforesaid. 

4. Every male person (being twenty-one years of age, 
and resident of any particular town in this commonwealth, 
for the space of one year next preceding) having a free¬ 
hold estate within the same town, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to vote in the choice of a representa¬ 
tive, or representatives for the said town. 

5. The members of the House of Representatives shall 
be chosen annually, in the month of May, ten days, at 
east, before the last Wednesday of that month. 


CONSTITUTION OF MASSACHUSETTS. 


35 


6. The House of Representatives shall be the grand in¬ 
quest of this commonwealth; and all impeachments, 
made by them, shall be heard and tried by the Senate. 

7. All money bills shall originate in the House of Re¬ 
presentatives : but the Senate may propose or concur with 
amendments as on other bills. 

8. The House of Representatives shall have power to 
adjourn themselves ; provided such adjournment shall not 
exceed two days at a time. 

9. Not less than sixty members of the House of Repre¬ 
sentatives shall constitute a quorum for doing business. 

10. The House of Representatives shall be the judge of 
the returns, elections, and qualifications of its own mem¬ 
bers, as pointed out in the constitution ; shall choose their 
own speaker; appoint their own officers, and settle their 
rules and orders of proceeding in their own house. They 
shall have authority to punish, by imprisonment, every 
person (not a member) who shall be guilty of disrespect 
to the House, by any disorderly or contemptuous beha¬ 
vior : n its presence ; or who, in the town where Jphe gen¬ 
eral .ourt is sitting, shall threaten harm to the body or 
estate of any of its members, for any thing said or done in 
the House ; or who shall assault any of them therefor; 
or who shall assault or arrest any witness or other person, 
ordered to attend the House in his way in going or re¬ 
turning ; or who shall rescue any person arrested by the 
order of the House. 

And no member of the House of Representatives shall 
be arrested or held to bail on mesne process, during his 
going into, returning from, or his attending the general as¬ 
sembly 

11. The Senate have the same powers in the like 
cases ; and the Governor and Council shall have the same 
authority to punish in like cases : provided, that no im¬ 
prisonment, on the warrant or order of the Governor, 
Council, Senate, or House of Representatives, for either 
of the above described offences, be for a term exceeding 
thirty days. 

And the Senate and House of Representatives may try 
and determine all cases where their rights and privileges 


36 


CONSTITUTION OF MASSACHUSETTS. 


are concerned, and which, by the Constitution, they have 
authority to try and determine, by committees of their 
own members, or in such other way as they may respec¬ 
tively think best. 


CHAPTER n. 

Section 1.—Executive Power. 

Governor 

Article 1. There shall be a supreme executive magis¬ 
trate, who shall be styled the Governor of the Common - 
wealth of Massachusetts; and whose title shall be, His 
Excellency. 

2. The Governor shall be chosen annually: and no per¬ 
son shall be eligible to this office, unless at the time of 
his election he shall have been an inhabitant of this com¬ 
monwealth for seven years next preceding; and unless 
he shall, at the same time, be seized, in his own right, 
of a freehold within the commonwealth of the value of 
one thousand pounds ; and unless he shall declare him¬ 
self to be of the Christian religion. 

3. Those persons who shall be qualified to vote for 
senators and representatives, within the several towns of 
this commonwealth, shall, at a meeting to be called for 
that purpose, on the first Monday of April, annually, give 
in their votes for a Governor to the selectmen, who shall 
preside at such meetings; and the town clerk, in the pre¬ 
sence, and with the assistance of the selectmen, shall, in 
open town meeting, sort and count the votes, and form a 
list of the persons voted for, with the number of votes for 
each person, against his name: and shall make a fair 
record of the same in the town books, and a public decla¬ 
ration thereof in the said meeting; and shall, in the pre¬ 
sence of the inhabitants, seal up copies of the said lists, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
.ast Wednesday in May: and the sheriff shall transmit 
the same to the secretary’s office seventeen days at least 
before the said last Wednesday in May; or the selectmen 


CONSTITUTION OF MASSACHUSETTS. 


37 


may cause returns of the same to be made to the office 
of the secretary of the commonwealth, seventeen days 
at least before the said day; and the secretary shall 
lay the same before the Senate and House of Repre¬ 
sentatives on the last Wednesday in May, to be by them 
examined: and in case of an election by a majority of all 
the votes returned, the choice shall be by them declared 
and published. But if no person shall have a majority 
of votes, the House of Representatives shall, by ballot, 
elect two out of four persons, who had the highest num¬ 
ber of votes, if so many shall have been voted for: but, 
if otherwise, out of the number voted for; and make return 
to the Senate of the persons so elected; on which the 
Senate shall, by ballot, elect one who shall be declared 
Governor. 

4. The Governor shall have authority from time to 
time, at his discretion, to assemble and call together the 
counsellors of this commonwealth for the time being; 
and the Governor, with the said counsellors, or five of 
them at least, shall, and may from time to time, hold and 
keep a council, for the ordering and directing the affairs 
of the commonwealth, agreeably to the Constitution and 
laws of the land. 

5. The Governor, with the advice of council, shall 
have full power and authority, during the session of the 
general court, to adjourn or prorogue the same, to any 
time the two Houses shall desire; and to dissolve the same 
on the day next preceding the last Wednesday in May, 
and in the recess of the said court to prorogue ihe same, 
from time to time, not exceeding ninety days in any one 
recess; and to call it together sooner than the time to 
which it may be adjourned or prorogued, if the welfare 
of the commonwealth shall require the same. And in 
case of any infectious distemper prevailing in the place 
where the said court is next, at any time, to convene, or 
any cause happening, w'hereby danger may arise to the 
health or lives of the members from their attendance, li8 
may direct the session to be held at some other of the 
most convenient, places within the State. 

And the Governor shall dissolve the said general court 
on the day next preceding the last Wednesday in May 


38 


CONSTITUTION OF MASSACHUSETTS. 


6. In cases of disagreement between the two Houses 
with regard to the necessity, expediency, or time of ad¬ 
journment, or prorogation, the Governor, with advice of 
the council, shall have a right to adjourn or prorogue the 
general court, not exceeding ninety days, as he shall de¬ 
termine, and the public good shall require. 

7. The Governor of this commonwealth, for the time 
being, shall be comgiander-in-chief of the army and navy, 
and of all the military forces of the State, by sea and 
land ; and shall have full power, by himself, or by any 
commander, or other officer or officers, from time to time, 
to train, instruct, exercise, and govern the militia and 
navy; and, for the special defence and safety of the com¬ 
monwealth, to assemble in martial array, and put in war¬ 
like posture, the inhabitants thereof; and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth ; 
and also to kill, slay, and destroy, if necessary, and con¬ 
quer, by all fitting ways, enterprises, and means whatso¬ 
ever, all and every such person or persons, as shall at 
any time hereafter, in a hostile manner, attempt or enter¬ 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth; and to use and exercise over the 
army and navy, and over the militia in actual service, the 
law martial, in time of war or invasion, and also in time 
of rebellion, (declared by the legislature to exist,) as oc¬ 
casion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons (with their ships, arms, ammunition, 
and goods) as shall, in a hostile manner, invade, or at¬ 
tempt the invading, conquering, or annoying this com¬ 
monwealth : and that the Governor be intrusted with all 
these and other powers incident to the offices of captain- 
general, and commander-in-chief, and admiral, to be ex¬ 
ercised agreeably to the rules and regulations of the Con¬ 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said Governor sliall not, at any time 
hereafter, by virtue of any power by this Constitution 
granted, or hereafter to be granted to him by the legisla¬ 
ture, transport any of the inhabitants of this common 


CONSTITUTION OF MASSACHUSETTS. 39 

wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the 
consent of the general court; except so far as may be ne¬ 
cessary to march or transport them by land or water, for 
the defence of such part of the State, to which they can¬ 
not conveniently have access. 

8. The power of pardoning offences, except such as 
persons may be convicted of before the Senate by an im¬ 
peachment of the House, shall be in the Governor, by 
and with the advice of council; but no charter of pardon, 
granted by the Governor, with advice of the council, be¬ 
fore conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

9. All judicial officers, the attorney-general, the soli¬ 
citor-general, all sheriffs, coroners, and registers of pro¬ 
bate, shall be nominated and appointed by the Governor, 
by and with the advice and consent of the council; and 
every such nomination shall be made by the Governor, and 
made at least seven days prior to such appointment. 

10. The captains and subalterns of the militia shall be 
elected by the written votes of the train band and alarm 
list of their respective companies, of twenty-one years of 
age and upwards. The field officers of regiments shall 
be elected by the written votes of the captains and sub¬ 
alterns of their respective regiments. The brigadiers 
shall be elected, in like manner, by the field officers of 
their respective brigades. And such officers, so elected, 
shall be commissioned by the Governor, who shall deter¬ 
mine their rank. 

The legislature shall, by standing laws, direct the time 
and manner of convening the electors, and of collecting 
votes, and of certifying to the Governor the officers elected 

The major-generals shall be appointed by the Senate 
and House of Representatives, each having a negative 
upon the other; and be commissioned by the Governor. 

And if the electors of brigadiers, field officers, captains, 
or subalterns, shall neglect or refuse to make such elec¬ 
tions, after being duly notified according to the laws of 
the time being, then the Governor with advice of council 
shall apuoint suitable persons to fill such offices 


40 


CONSTITUTION OF MASSACHUSETTS. 


And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the ad¬ 
dress of both Houses to the Governor, or by fair trial in 
court-martial, pursuant to the laws of the commonwealth 
for the time being-. 

The commanding officers of regiments shall appoint 
their adjutants and quarter-masters ; the brigadiers their 
brigade-majors; and the major-generals their aids; and 
the Governor shall appoint the adjutant-general. 

The Governor, with advice of council, shall appoint all 
officers of the continental army, whom (by the confedera¬ 
tion of the United States) it is provided that this com¬ 
monwealth shall appoint, as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments, 
and companies, made in pursuance of the militia laws 
now in force, shall be considered as the proper divisions 
of the militia of this commonwealth, until the same shall 
be altered in pursuance of some future law. 

11. No moneys shall be issued out of the treasury of 
this commonwealth, and be disposed of (except such 
sums as may be appropriated for the redemption of bills 
of credit or treasurer’s notes, or for the payment of inte¬ 
rest arising thereon) but by warrant, under the hand of the 
Governor for the time being, with the advice and consent 
of the council, for the necessary defence and support of 
the commonwealth, and for the protection and preserva¬ 
tion of the inhabitants thereof, agreeably to the act and 
resolves of the general court. 

12. All public boards, the commissary-general, all su¬ 
perintending officers of public magazines and stores, be¬ 
longing to this commonwealth, and all commanding offi¬ 
cers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, 
and at other times, when required by the Governor, deli¬ 
ver to him an account of all goods, stores, provisions, 
ammunition, cannon, with their appendages, and small 
arms, with their accoutrements, and of all other public 
property whatever, under their care respectively ; distin¬ 
guishing the quantity, number, quality, and kind of each, 
as particular as may be ; together with the condition of 


CONSTITUTION OF MASSACHUSETTS. 


41 


such forts and garrisons. And the said commanding of¬ 
ficer shall exhibit to the Governor, when required by 
him, true and exact plans of such forts, and of the land 
and sea, harbor or harbors, adjacent. 

And the said boards and all public officers shall com¬ 
municate to the Governor, as soon as may be, after re¬ 
ceiving the same, all despatches and intelligence of a pub¬ 
lic nature, which shall be directed to them respectively. 

13. As the public good requires that the Governor 
should not be under the influence of any of the members 
of the general court, by a dependence on them for his 
support: that he should in all cases act with freedom for 
the benefit of the public; that he should not have his at¬ 
tention necessarily diverted from that object, to his pri¬ 
vate concerns; and that he should maintain the dignity 
of the commonwealth, in the character of its chief magis¬ 
trate—it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suf¬ 
ficient for those purposes, and established by standing 
laws ; and it shall be among the first acts of the general 
court, after the commencement of this Constitution, to es¬ 
tablish such salary by law accordingly. 

Permanent and honorable salaries shall also be esta¬ 
blished by law for the justices of the supreme judicial 
court. 

And if it shall be found that any of the salaries afore¬ 
said, so established, are insufficient, they shall, from 
time to time, be enlarged, as the general court shall judge 
proper. 


CHAPTER II.— Section 2. 

Lieutenant - Governor. 

Article 1. There shall be annually elected a Lieutenant- 
Governor of the commonwealth of Massachusetts, whose 
title shall be, His Honour; and who shall be qualified, 
in point of religion, property, and residence in the com¬ 
monwealth, in the same manner with the Governor ; and 
the day and manner of his election, and the qualifications 
of the electors, shall be the same as are required in the 
29 


42 


CONSTITUTION OF MASSACHUSETTS. 


election of a Governor. The return of the votes for this 
officer, and the declaration of his election, shall be in thp 
same manner: and if no one person shall be found to have a 
majority of all the votes returned, the vacancy shall be 
filled by the Senate and House of Representatives, in the 
same manner as, the Governor is to be elected, in case no 
one person shall have a majority of the votes of the peo¬ 
ple, to be Governor. 

2. The Governor, and, in his absence, the Lieutenant- 
Governor, shall be the president of the council; but shall 
have no vote in council; and the Lieutenant-Governor 
shall always be a member of the council, except when 
the chair of the Governor shall be vacant. 

3. Whenever the chair of the Governor shall be vacant 
by reason of his death, or absence from the common¬ 
wealth, or otherwise, the Lieutenant-Governor for the 
time being shall, during such vacancy, perform all thp 
duties incumbent upon the Governor, and shall have and 
exercise all the power and authorities which, by this Con¬ 
stitution, the Governor is vested with, when personally 
present. 


CHAPTER II.— Section 3. 

Council , and the manner of settling Elections by the 
Legislature. 

Article 1. There shall be a council for advising the 
Governor in the Executive part of the Government, to 
consist of nine persons, besides the Lieutenant-Governor, 
whom the Governor, for the time being, shall have full 
power and authority from dme to time, at his discretion, 
to assemble and call together: and the Governor, with the 
said counsellors, or five of them at least, shall and may, 
lrom time to time, hold and keep a council, for the order¬ 
ing and directing the affairs of the commonwealth, accord¬ 
ing to the laws of the land. 

2. Nine counsellors shall be annually chosen from 
among the persons returned from the counsellors and 
senators, on the last Wednesday in May, by the joint 
ballot of the senators and representatives, assembled in 


CONSTITUTION OF MASSACHUSETTS. 


43 


one room : and in case there shall not be found, upon the 
first choice, the whole number of nine persons, who wiL 
accept a seat in the council, the deficiency shall be made 
up by the electors aforesaid, from among the people a* 
large; and the number of senators left shall constitute the 
Senate for the year. The seats for the persons thus 
elected from the Senate, and accepting the trust, shall be 
vacated in the Senate. 

3. The counsellors, in the civil arrangements of the 
commonwealth, shall have rank next after the Lieutenant- 
Governor. 

4. Not more than two counsellors shall be chosen out 
of any one district of this commonwealth. 

5. The resolutions and advice of the council shall be 
recorded in a register; and signed by the members pre¬ 
sent: and this record may be called for at any time by 
either house of the legislature; and any member of the 
council may insert his opinion, contrary to the resolution 
of the majority. 

6. Whenever the office of Governor and Lieutenant- 
Governor shall be vacant, by reason of death, absence, or 
otherwise, then the council, or the major part of them, 
shall, during such vacancy, have full power and authority 
to do and to execute all and every such acts, matters, and 
things, as the Governor or Lieutenant-Governor might or 
could, by virtue of this Constitution, do or execute, if 
they or either of them were personally present. 

7. And whereas the elections appointed to be made by 
this Constitution, on the last Wednesday in May annual¬ 
ly, by the two Houses of the legislature, may not be com¬ 
pleted on that day, the said elections may be adjourned 
from day to day until the same shall be completed. And 
the order of election shall be as follows : the vacancies in 
the Senate, if any, shall first be filled up ; the Governor 
and Lieutenant-Governor shall then be elected, provided 
there shall be no choice of them by the people ; and after¬ 
wards the two Houses shall proceed to the election of the 
touncil. 


44 


CONSTITUTION OF MASSACHUSETTS 


CHAPTER II.— Section 4. 

Secretary , Treasurer , Commissary , 

Article 1. The secretary, treasurer, and receiver-gene 
ral, and the commissary-general, notaries public, and na¬ 
val officers, shall be chosen annually, by joint ballot of 
the senators and representatives, in one room; and that 
the citizens of this commonwealth may be assured, from 
time to time, that the moneys remaining in the public 
treasury upon the settlement and liquidation of the public 
accounts, are their property, no man shall be eligible as 
treasurer and receiver-general more than five years suc¬ 
cessively. 

2. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the Governor and council, the Senate and House 
of Representatives, in person, or by his deputies, as they 
shall respectively require. 

CHAPTER III. 

Judiciary Power. 

Article 1. The tenure that all commission officers shall, 
by law, have in their offices, shall be expressed in their 
respective commissions ; all judicial officers, duly appoint¬ 
ed, commissioned, and sworn, shall hold their offices 
during good behaviour; excepting such concerning whom 
there is different provision made in this Constitution: Pro¬ 
vided, nevertheless, the Governor, with consent of the 
council, may remove them upon the address of- both 
Houses of the legislature. 

2. Each branch of the legislature, as well as the Go¬ 
vernor and council, shall have authority to require the 
opinions of the justices of the supreme judicial court, up¬ 
on important questions of law, and upon solemn occa¬ 
sions. 

3. In order that the people may not suffer from the 
long continuance in place of any justice of the peace, who 


CONSTITUTION OP MASSACHUSETTS. 45 

shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void in the term of seven 
years from their respective dates; and upon the expira¬ 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con¬ 
duce to the well-being of the commonwealth. 

4. The judges of probates of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people may require: and the legislature shall, from time 
to time hereafter, appoint such times and places: until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall di¬ 
rect. 

5. All the causes of marriage, divorce, and alimony, 
and all appeals from the judges of probate, shall be heard 
and determined by the Governor and council, until the 
legislature shall, by law, make other provisions. 

CHAPTER IV. 

Delegates to Congress. 

The Delegates of this commonwealth to the Congress 
of the United States shall, some time in the month of 
June annually, be elected by joint ballot of the Senate 
and House of Representatives, assembled together in one 
room; to serve in Congress for one year, to commence 
on the first Monday in November the next ensuing. 
They shall have commission under the hand of the Go¬ 
vernor, and the great seal of the commonwealth ; but 
may be recalled at any time within the year, and others 
chosen and commissioned in the same manner, in their 
stead. 


29 * 


46 


CONSTITUTION OF MASSACHUSETTS. 


CHAPTER V. 

To the University at Cambridge , and Encouragement 
of Literature , 

Section 1.—The University. 

Article 1. Whereas our wise and pious ancestors, sc 
early as the year one thousand six hundred and thirty-six, 
laid the foundation of Harvard college, in which univer¬ 
sity many persons of great eminence have, by the bless¬ 
ing of God, been initiated into those arts and sciences 
which qualified them for public employments both in 
church and state: and whereas the encouragement of arts 
and sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the 
great benefit of this and the other United States 
of America, it is declared that the president and 
fellows of Harvard college in their corporate capa¬ 
city, and their successors in that capacity, their offi¬ 
cers and servants, shall have, hold, use, exercise, and en¬ 
joy, all the powers, authorities, rights, liberties, privileges, 
immunities, and franchises, which they now have, or are 
entitled to have, hold, use, exercise, and enjoy: and the 
same are hereby ratified and confirmed unto them, the 
said president, and fellows of Harvard college, and to their 
successors, and to their officers and servants, respective¬ 
ly, for ever. 

2. And whereas there have been, at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, 
tenements, goods, chattels, legacies, and conveyances, 
heretofore made, either to Harvard college, in Cambridge, 
in New England, or to the president and fellows of Har¬ 
vard college, or to the said college, by some other descrip¬ 
tion, under several charges successively—it is declared, 
that all the said gifts, grants, devises, legacies, and con¬ 
veyances, are hereby for ever confirmed unto the presi¬ 
dent and fellows of Harvard college, and to their successors 
in the capacity aforesaid, according to the true intent and 
Cleaning of the donor or donors, grantor and grantors, de¬ 
visor or devisors. 


CONSTITUTION OF MASSACHUSETTS. 


47 


3. And whereas, by an act of the general court of the 
colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the Governor, andde- 
puty-Governor, for the time being, and all the magistrates 
of that jurisdiction, were, with the president and a nura 
her of the clergy in the said act described, constituted the 
overseers of Harvard college: and it being necessary ia 
this new constitution of government, to ascertain who 
shall be deemed successors to the said Governor, deputy- 
Governor,and magistrates, it is declared that the Governor, 
Lieutenant-Governor, Council, and Senate of this common¬ 
wealth, are and shall be deemed their successors: who, 
with the president of Harvard college, for the time being, 
-together witli the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, 
Boston, Iioxbury, and Dorchester, mentioned in the said 
act, shall be, and hereby are, vested with all the powers 
and authority belonging, or in any way appertaining to 
the overseers of Harvard college : provided, that nothing 
herein shall be construed to prevent the legislature of this 
commonwealth from making such alterations in the go¬ 
vernment of the said university as shall be conducive to 
its advantage, and the interest of the republic of letters 
in as full a manner as might have been done by the legis 
lature of the late province of the jMassachusetts Bay* 


CHAPTER V. 

Section 2. —The Encouragement of Literature* 

Wisdom and knowledge, as well as virtue, diffused gen¬ 
erally among the body of the people, being necessary for 
the preservation of their rights and liberties, and as these 
depend Gn spreading the opportunities and advantages of 
education in the various parts of the country, and among 
the different orders of the people, it shall be the duty of 
the legislatures and magistrates, in all future periods of 
this commonwealth, to cherish the interest of literature 
and the sciences, and all seminaries of them: especially 
the university at Cambridge, public schools, and grammar 
schools in the towns ; to encourage private societies and 


48 CONSTITUTION OF MASSACHUSETTS. 

public institutions, by rewards and immunities for the 
promotion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings 
sincerity, good humor, and all social affections and gene 
tous sentiments among the people. 


CHAPTER VI. 

Oaths and subscriptions; incompatibility of, and exclusion frcmty 
offices ; pecuniary qualifications; commissions; writs; confirmed 
tion of laws; habeas corpus; the enacting style; continuance 
of officers ; provision for a future revisal of the Constitution , <^*c» 

Article 1. Any person chosen Governor, or Lieute¬ 
nant-Governor, counsellors, senator, or representative, and 
accepting the trust, shall, before he proceed to execute 
the duties of his place or office, take, make, and sub¬ 
scribe the following declaration, viz. : 

“I, A. B., do declare that I believe the Christian reli¬ 
gion, and have a firm persuasion of its truth; and 
that I am seized and possessed, in my own right, of 
the property required by the Constitution, as one 
qualification for the office or place to which I am 
elected.” 

And the Governor, Lieutenant-Governor* and counsel¬ 
lors, shall make and subscribe the said declaration in the 
presence of the two Houses of Assembly ; and the sena¬ 
tors and representatives first elected under this Constitu¬ 
tion, before the president and five of the council of the 
former Constitution ; and, for ever afterwards, before the 
Governor and council for the time being. 

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or com¬ 
missioned to any judicial, executive, military, or other 
office, under the government, shall, before he enter on the 
discharge of the business of his place or office, take and 
subscribe the following declaration and oaths, or affirms*, 
lions, viz.: 


CONSTITUTION OF MASSACHUSETTS. 


4 $ 


**1, A. B., do truly and sincerely acknowledge, pro¬ 
fess, testify, and declare, that the commonwealth of 
Massachusetts is, and of right ought to be, a free, 
sovereign, and independent state ; and I do swear that 
I will bear true faith and allegiance to the said com¬ 
monwealth, and I will defend the same against trai¬ 
torous conspiracies, and all hostile attempts whatso¬ 
ever : and that I do renounce and abjure all allegi¬ 
ance, subjection, and obedience to the king , queen, 
or government of Great Britain, as the case may he, 
and every foreign power whatsoever: and that no 
foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, 
pre-eminence, authority, dispensing or other power, 
in any matter, civil, ecclesiastical, or spiritual, with¬ 
in this commonwealth, except the authority and 
power which is or may be vested by their constitu¬ 
ents in the Congress of the United States: And I 
do further testify and declare, that no man or body of 
men hath or can have any right to absolve or dis¬ 
charge me from the obligation of this oath, declara- 
tion, or affirmation ; and that I do make this acknow¬ 
ledgment, profession, testimony, declaration, denial 
renunciation, and abjuration heartily and truly, ac 
cording to the common meaning and acceptation of 
the foregoing words, without any equivocation, men¬ 
tal evasion, or secret reservation whatsoever. So 
help me God. 

“I, A. B., do solemnly swear and affirm, that I will 
faithfully and impartially discharge and perform all 
the duties incumbent on me as-, accord¬ 

ing to the best of my abilities and understanding, 
agreeably to the rules and regulations of the Consti¬ 
tution, and the laws of this commonwealth. So 
help me God.” 

Provided always, that when any person chosen or ap¬ 
pointed as aforesaid shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oaths, he shall make his affirmation, in the foregoing 
form, and subscribe the same, omitting the words, “I do 
swea“and abjured’ “oath,” “and abjuration,” in 



50 


CONSTITUTION OF MASSACHUSETTS. 


the first oath ; and in the second oath, the words “ swear 
and,’* and in each of them the words “ so help me God 
subjoining instead thereof, “ This I do under the pains 
and penalties of perjury.” 

And in the said oaths or affirmations shall be taken and 
subscribed by the Governor, Lieutenant-Governor, and 
counsellors, before the president of the Senate, in the pre¬ 
sence of two Houses of Assembly : and by the senators 
and representatives first elected under this Constitution, 
before the president and five of the council of the former 
Constitution ; and, for ever afterwards, before the Gover¬ 
nor and Council for the time being; and by the residue 
of the officers aforesaid, before such persons as, from 
time to time, shall be prescribed by the legislature. 

2. No Governor, Lieutenant-Governor, or judge of the 
supreme judicial court, shall hold any office or place under 
the authority of this commonwealth, except such as by 
this Constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of jus¬ 
tices of the peace throughout the State ; nor shall they 
hold any other place or office, or receive any pension or 
salary, from any other State, or Government, or power 
whatever. 

No person shall be capable of holding or exercising, at 
the same time, more than one of the following offices 
within this State, viz.: judge of probate, sheriff, register 
of probate, or register of deeds : and never more than any 
two offices, which are to be held by appointment of the 
Governor, or the Governor and council, or the Senate, 
or the House of Representatives, or by election of 
the people of the State at large, or of the peo¬ 
ple of any county, (military officer and the office of jus¬ 
tice of the peace excepted,) shall be held by one person.^ 
No person holding the office of judge of the supreme judr 
cial court, secretary, attorney-general, solicitor-general, 
treasurer, or receiver-general, judge of probate, commissa 
ry-general, president, professor, or instructor of Harvard 
college, sheriff, clerk of the House of Representatives, re* 
gister of probate, register of deeds, clerk of the supreme ju 
dicial court, clerk of the inferior court of common pleas, oi 
office** of the customs, (including in this description naval 


CONSTITUTION OF MASSACHUSETTS. 


51 


officers,) shall at the same time have a seat in the Senate 
or House of Representatives; but, their being chosen or 
appointed to, and accepting the same, shall operate as a re¬ 
signation of their seat in the Senate or House of Represen¬ 
tatives ; and the places so vacated shall be filled up. 

And the same rule shall take place in case any judge 
of the said supreme judicial court, or judge of probate, 
shall accept a seat in council, or any counsellor shall ac¬ 
cept of either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or cor¬ 
ruption in obtaining an election or appointment. 

3. In all cases where sums of money are mentioned in 
this Constitution, the value thereof, shall be computed in 
silver, at six shillings and eight pence per ounce ; and it 
shall be in the power of the legislature from time to time, 
to increase such qualifications, as to property, of the per¬ 
sons to be elected into offices, as the circumstances of the 
commonwealth shall require. 

4. All commissions shall be in the name of the com¬ 
monwealth of Massachusetts; signed by the Governor, 
and attested by the secretary or his deputy, and have the 
great seal of the commonwealth affixed thereto. 

5. All writs issuing out of the clerk’s office in any of 
the courts of law, shall be in the name of the common¬ 
wealth of Massachusetts; they shall be under the 
seal of the court from whence they issue; they 
shall bear test of the first justice of the court to which 
they shall be returnable, (who is not a party,) and be sign¬ 
ed by the clerk of such court. 

6. All the laws which have heretofore been adopted, 
ased, and approved of in the province, colony, or State 
of Massachusetts Bay, and usually practised on in the 
courts of law, shall still remain and be in full force, until 
altered or repealed by the legislature: such parts only 
excepted as are repugnant to the rights and liberties con 
tained in this Constitution. 

7. The privilege and benefit of the writ of habeas cor¬ 
pus shall be enjoyed in this commonwealth in the most 


52 


CONSTITUTION OF MASSACHUSETTS. 


free easy, cheap, expeditious, and ample manner; and 
shall not be suspended by the legislature, except upon 
the most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 

8. The enacting style, in making and passing all acts, 
statutes, and laws, shall be, “ Be it enacted by the Senate 
and House of Representatives , in general court assem - 
bled , and by the authority of the same.” 

9. To the end there may be no failure of justice, oi 
danger arise to the commonwealth, from a change of the 
form of government, all officers, civil and military, hold¬ 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 
of said government and people, at the time this Con¬ 
stitution shall take effect, shall have,.hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead; and all courts of law shall proceed in the ex¬ 
ecution of the business of their respective departments : 
and all the executive and legislative officers, bodies, and 
powers, shall continue in full force in the enjoyment and 
exercise of all their trusts, employment, and authority, 
until the general court, and the supreme and executive 
officers, under this Constitution, are designated and in¬ 
vested with their respective trusts, powers, and authoiity. 

10. In order more effectually to adhere to the princi¬ 
ples of the Constitution, and correct those violations 
which by any means may be made therein, as well as to 
form such alterations as from experience shall be found 
necessary, the general court which shall be in the year of 
our Lord one thousand seven hundred and ninety-five, 
shall issue precepts to the selectmen of the several towns, 
and to the assessors of the unincorporated plantations, di¬ 
recting them to convene the qualified voters of their re¬ 
spective towns and plantations, for the purpose of collectr 
ing their sentiments on the necessity of expediency of 
revising the Constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the State, who 
Khali assemble and vote in consequence of the said pre¬ 
cepts are in favor of such revision or amendment, the 


CONSTITUTION OF MASSACHUSETTS. 


53 


general court shall issue precepts, or direct them to be 
issued from the secretary’s office, to the several towns, to 
elect delegates to meet in Convention, for the purpose 
aforesaid. 

The said delegates to be chosen in the same manner 
and proportion, as their representatives in the second 
branch of the legislature are by this Constitution to be 
chosen. 

11. This form of Government shall be enrolled on 
parchment, and deposited in the secretary’s office, and be 
a part of the laws of the land: and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 

JAMES BOWDOIN, President . 

Attest , Samuel Barret, Secretary. 


AMENDMENTS. 

Article 1. If any bill or resolve shall be objected to, 
and not approved of by the Governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the Governor for his approbation, 
and thereby prevent his returning it, with his objections, 
as provided by the Constitution ; such bill or resolve 
shall not become a law, nor have force as such. 

Art. 2. The general court shall have full power and au¬ 
thority to erect or constitute municipal or city govern¬ 
ments in any corporate town or towns, in this common¬ 
wealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
Constitution, as the general court shall deem necessary or 
expedient, for the regulation and Government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants in wards, or otherwise, fo» 
the election of officers, under the Constitution, and tho 
manner of returning the votes given at such meetings • 
provided, that no such Government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
30 




51 


CONSTITUTION OF MASSACHUSETTS. 


mg duly warned and holden for that purpose : and pro* 
vided, also, that all by-laws, made by such municipal o? 
city government, shall be subject, at all times, to be an¬ 
nulled by the general court. 

Art. 3. Every male citizen of twenty-one years of age, 
and upwards, (excepting paupers and persons under 
guardianship,) who shall have resided within the com¬ 
monwealth one year, and within the town or district in 
which he may claim a right to vote, six calendar months 
next preceding any election of Governor, Lieutenant- 
Governor, senators, representatives, and who shall have 
paid, by himself or his parent, master or guardian, any 
state or county tax, which shall, within two years next 
preceding such election, have been assessed upon him, 
in any town or district of this commonwealth : and also 
every citizen, who shall be by law exempt from taxation, 
and who shall be in all other respects qualified as above 
mentioned, shall have a right to vote in such election of 
Governor, and Lieutenant-Governor, senators, and repre¬ 
sentatives ; and no other person shall be entitled to a 
vote in such election. 

Art. 4. Notaries public shall be appointed by the Go¬ 
vernor, in the same manner as judicial officers are ap¬ 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the Governor, with the con¬ 
sent of the council, and upon the address of both Houses 
of the legislature. 

In case the office of secretary or treasurer of the common¬ 
wealth shall become vacant from any cause, during the re¬ 
cess of the general court, the Governor, with the consent of 
the council shall nominate and appoint, under such regula¬ 
tions as may be prescribed by law,a competent and suitable 
person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court. 

Whenever the exigencies of the commonwealth shall 
require the appointment of a commissary-general, he shall 
be nominated, appointed, and commissioned, in such 
manner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, 
may be removed from office in such manner as the legis¬ 
lature may, by law, prescribe. 


CONSTITUTION OF MASSACHUSETTS. 55 

Art. 5. In the election of captains and subalterns of the 
militia, all the members of their respective companies, as 
w^ll as those under, as those above the age of twenty-one 
years, shall have a right to vote. 

Art. 6. Instead of the oath of allegiance, prescribed by 
the Constitution, the following oath shall be taken and 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this com¬ 
monwealth, before he shall enter upon the duties of his 
office, to wit: 

“I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the commonwealth of Massachu¬ 
setts, and will support the Constitution thereof. So help 
me God.” 

Provided, that when any person shall be of the denomi¬ 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foreo-oin£ form, 
omitting the word “swear,” and inserting, instead there¬ 
of, the word “ affirm,” and omitting the words “ so help 
me God,” and subjoining, instead thereof, the words 
“ this I do under the pains and penalties of perjury.” 

Art. 7. No oath, declaration, or subscription, except¬ 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the Governor, Lieute¬ 
nant-Governor, counsellors, senators, or representatives, to 
qualify tfmm to perform the duties of their respective 
offices. 

Art. 8. No judge of any court of this commonwealth, 
(except the court of sessions,) and no person holding any 
office under the authority of the United States, (post mas¬ 
ters excepted,) shall, at the same time, hold the office of 
Governor, Lieutenant-Governor, or counsellor, or have a 
seat in the Senate or House of Representatives of this 
commonwealth; and no judge of any court in this com¬ 
monwealth, (except the court of sessions,) nor the attor 
ney-general, solicitor-general, county attorney, clerk of 
any court, sheriff, treasurer, and receiver-general, registei 
of probate, nor register of deeds, shall continue to hold 
his said office after being elected a member of the Con¬ 
gress of the United States, and accepting that trust; but 
ne acceptance of such trust, by any of the officers afore- 


56 


CONSTITUTION OF MASSACHUSETTS. 


said, shall be deemed and taken to be a resignation of his 
said office; and judges of the courts of common pleas 
shall hold no other office, under the government of this 
commonwealth, the office of the justice of the peace and 
militia officers excepted. 

Art. 9. If at any time hereafter, any specific and particu¬ 
lar amendment, or amendments to the Constitution bo 
proposed in the general court, and agreed to by a majori¬ 
ty of the senators, ano two-thirds of the members of the 
House of Representatives present and voting thereon, such 
proposed amendment or amendments shall be entered on 
the journals of the two Houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if in the general 
court then next chosen, as aforesaid, such proposed 
amendment or amendments shall be agreed to by a ma¬ 
jority of the senators and two-thirds of the members of 
the House of Representatives present and voting thereon; 
then it shall be the duty of the general court to submit 
such proposed amendment or amendments to the people ; 
and if thev shall be approved and ratified by a majority 
of the qualified voters voting thereon, at meetings legally 
warned and holden for that purpose, they shall become 
part of the Constitution of this commonwealth. 

Resolved , That the above recited articles of amendment, 
shall be enrolled on parchment, and deposited in the 
secretary’s office, as a part of the Constitution and funda¬ 
mental laws of this commonwealth, and published in im¬ 
mediate connexion therewith, in all future editions of 
the laws of this commonwealth, printed by public autho 
rity. And in order that the said amendments may be 
promulgated and made known to the people of this com¬ 
monwealth, without delay, it is further 

Resolved , That his excellency, the Governor, be, and 
he hereby is authorized and requested to issue his procla¬ 
mation, reciting the articles aforesaid ; announcing that 
the same have been duly adopted and ratified by the peo¬ 
ple of this commonwealth, and become a part of the Con 
stitution thereof; and requiring all magistrates, officers, 
civil and military, and all the citizens of this common¬ 
wealth, to take notice thereof, and govern themselves ac¬ 
cordingly.’ 


CONSTITUTION OF MASSACHUSETTS. 


57 


Now, therefore, I, John Brooks, Governor of the 
commonwealth of Massachusetts, by virtue of the au¬ 
thority to me given by the resolution last above written, 
do issue this my proclamation, and I do hereby announce, 
that the several articles aforesaid have been duly ratified 
and adopted by the people of this commonwealth, and 
have become a part of the Constitution thereof. And al) 
magistrates, officers, civil and military, and all the 
citizens of the commonwealth, are required to take 
notice thereof, and govern themselves accordingly. 
Given at the council chamber, in Boston, the day and 
year first above written, and in the forty-fifth year ol 
the independence of the United States. 

JOHN BROOKS. 

By his Excellency, the Governor, 

Alden Bradford, Secretary, 
God save the commonwealth of Massachusetts ! 


ARTICLE OF AMENDMENT. 


ADOPTED MARCH 24, 1837, AS THE 12tH ARTICLE OF THE CON¬ 
STITUTION. 


In order to provide for a representation of the citizens 
of this commonwealth, founded upon the principles of 
equality, a census of the rateable polls in each city, town, 
and district of the commonwealth, on the first day of May, 
shall be taken and returned into the secretary’s office, in 
such manner as the legislature shall provide, within the 
month of May, in the year of our Lord one thousand eight 
hundred and thirty-seven, and in every tenth year there¬ 
after in the month of May, in manner aforesaid; and each 
town or city having three hundred rateable polls at the 
last preceding decennial census of polls, may elect one re¬ 
presentative, and for every four hundred and fifty rateable 
polls in addition to the first three hundred, one represen¬ 
tative more. 

Any town having less than three hundred rateable polls, 
30* 


58 


CONSTITUTION OF MASSACHUSETTS. 


shall be represented thus: the whole number of rateable 
polls, at the last preceding decennial census of polls, shall 
be multiplied by ten, and the product divided by three 
hundred, and such town may elect one representative as 
many years within ten years as three hundred is contained 
in the product aforesaid. 

Any city or town having rateable polls enough to elect 
one or more representatives, with any number of polls be¬ 
yond the necessary number, may be represented as to that 
surplus number by multiplying such surplus number by 
ten, and dividing the product by four hundred and fifty; 
and such city or town may elect one additional represen¬ 
tative as many years within the ten years as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts may, 
by consent of a majority of the legal voters present at a 
legal meeting in each of said towns and districts respect¬ 
ively, called for that purpose and held previous to the first 
day of July, in the year in which the decennial census of 
polls shall be taken, form themselves into a representative 
district, to continue until the next decennial census of 
polls, for the election of a representative or representatives; 
and such district shall have all the rights, in regard to re¬ 
presentation, which would belong to a town containing the 
same number of rateable polls. 

The governor and council shall ascertain and determine, 
within the months of July and August, in the year of our 
Lord one thousand eight hundred and thirty-seven, ac¬ 
cording to the foregoing principles, the number of repre¬ 
sentatives which each city, town, and representative dis¬ 
trict is entitled to elect, and the number of years within 
the period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative; and where any town has not a sufficient 
number of polls to elect a representative each year, then 
how many years within the ten years such town may elect 
a representative; and the same shall be done once in ten 
years thereafter, by the governor and council, and the 
number of rateable polls in each decennial census of polls, 
shall determine the number of representatives which each 


CONSTITUTION OF MASSACHUSETTS. 


59 


city, town, and representative district may elect as afore¬ 
said; and wfien the number of representatives, to be 
elected by each city, town, or representative district, is 
ascertained or determined as aforesaid, the governor shall 
cause the same to be published forthwith for the informa¬ 
tion of the people, and that number shall remain fixed 
and unalterable for the period of ten years. 

All the provisions of the existing constitution, incon¬ 
sistent with the provisions herein contained, are hereby 
wholly annulled. 


ARTICLE OF AMENDMENT. 


ADOPTED APEIL 17, 1840, AS THE 13tH AETICLE OP THE CONSTI¬ 
TUTION. 


A census of the inhabitants of each city and town, on 
the first day of May, shall be taken and returned into the 
secretary's office, on or before the last day of June, of the 
year one thousand eight hundred and forty, and of every 
tenth year thereafter, which census shall determine the 
apportionment of senators and representatives for the term 
of ten years. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members; 
and in the year one thousand eight hundred and forty, and 
every tenth year thereafter, the governor and council shall 
assign the number of senators to be chosen in each dis¬ 
trict, according to the number of inhabitants in the same. 
But in all cases, at least one senator shall be assigned to 
each district. 

The members of the house of representatives shall be 
apportioned in the following manner: every town or city 
containing twelve hundred inhabitants may elect one re¬ 
presentative ; and two thousand four hundred inhabitants 


60 


CONSTITUTION OF MASSACHUSETTS. 


shall be the mean increasing number which shall entitle 
it to an additional representative. 

Every town containing less than twelve hundred inha¬ 
bitants shall be entitled to elect a representative as many 
times, within ten years, as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. 

Such towns may also elect one representative for the 
year in which the valuation of estates within the com¬ 
monwealth shall be settled. 

Any two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet¬ 
ing, in each of said towns respectively, called for that pur¬ 
pose, and held before the first day of August in the year 
one thousand eight hundred and forty, and every tenth 
year hereafter, form themselves into a representative dis¬ 
trict, to continue for the term of ten years; and such dis¬ 
trict shall have all the rights, in regard to representation, 
which would belong to a town containing the same number 
of inhabitants. 

The number of inhabitants which shall entitle a town 
to elect one representative, and the mean increasing num¬ 
ber which shall entitle a town or city to elect more than 
one, and also the number by which the population of towns, 
not entitled to a representative every year, is to be divided, 
shall be increased, respectively, by one-tenth of the num¬ 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred 
and seventy thousand, and for every additional increase 
of seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census the governor and 
council shall, before the first day of September, apportion 
the number of representatives which each city, town, and 
representative district is entitled to elect, and ascertain 
how many years, within ten years, any town may elect a 
representative, which is not entitled to elect one every 
year; and the governor shall cause the same to be pub¬ 
lished forthwith. 


CONSTITUTION OF NEW YORK. 


61 


Nine counsellors shall be annually chosen from among 
the people at large, on the first Wednesday of January, 
or as soon thereafter as may be, by the joint ballot of the 
senators and representatives assembled in one room, who 
shall, as soon as may be, in like manner, fill up any va¬ 
cancies that may happen in the council, by death, resig¬ 
nation, or otherwise. No person shall be elected a coun¬ 
sellor, who has not been an inhabitant of this commonwealth 
for the term of five years immediately preceding his elec¬ 
tion ; and not more than one counsellor shall be chosen 
from any one senatorial district in the commonwealth. 

No possession of a freehold, or of any other estate, shall 
be required as a qualification for holding a seat in either 
branch of the general court, or in the executive council. 


CONSTITUTION OF NEW YORK. 

Article 1. 

Section 1 . No member of this State shall be disfran¬ 
chised, or deprived of any of the rights or privileges se¬ 
cured to any citizen thereof, unless by the law of the 
land, or the judgment of his peers. 

2. The trial by Jury, in all cases in which it has been 
heretofore used, shall remain inviolate forever. But a 
jury trial may be waived by the parties in all civil cases, 
in the manner to be prescribed by law. 

3. The free exercise and enjoyment of religious pro¬ 
fession and worship, without discrimination or preference; 
shall forever be allowed in this State to all mankind; and 
no person shall be rendered incompetent to be a witness 
on account of his opinions on matters of religious belief; 
but the liberty of conscience hereby secured shall not be 
so construed as to excuse acts of licentiousness, or jus¬ 
tify practices inconsistent with the peace or safety of thij 
State. 


62 


CONSTITUTION OF NEW YORK. 


4 . The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require its suspension. 

5. Excessive bail shall not be required, nor excessive 
lines imposed, nor shall cruel and unusual punishments 
be inflicted, nor shall witnesses be unreasonably detained. 

6. No person shall be held to answer for a capital or 
otherwise infamous crime (except in cases of impeach¬ 
ment, and in cases of the militia, when in actual service; 
and the land and naval forces in time of war, or which 
this State may keep with the consent of Congress in 
time of peace; and in cases of petit larceny, under the 
regulation of the Legislature), unless on presentment or 
indictment of a grand jury, and in any trial in any court 
whatever, the party accused shall be allowed to appear 
and defend in person and with counsel, as in civil actions. 
No person shall be subject to be twice put in jeopardy 
for the same offence ; nor shall he be compelled in any 
criminal case, to be a witness against himself; nor be 
deprived of life, liberty or property without due process 
of law ; nor shall private property be taken for public 
use without just compensation. 

7. When private property shall be taken for any pub¬ 
lic use, the compensation to be made therefor, when such 
compensation is not made by the State, shall be ascer¬ 
tained by a jury, or by not less than three commission¬ 
ers appointed by a court of record, as shall be prescribed 
by law. Private roads may be opened in the manner to 
be prescribed by law ; but in every case the necessity of 
the road, and the amount of all damage to be sustained 
by the opening thereof, shall be first determined by a 
jury of freeholders, and such amount, together with the 
expenses of the proceeding, shall be paid by the person 
to be benefitted. 

8. Every citizen may freely speak, write, and publish 
his sentiments on all subjects, being responsible for the 
abuse of that right; and no law shall be passed to restrain 
or abridge the liberty of speech, or of the press. In all 
criminal prosecutions or indictments for libels, the truth 
may be given in evidence to the jury ; and if it shall ap¬ 
pear to the jury, that the matter charged as libellous is 
true, and was published with good motives, and for justi* 


CONSTITUTION OF NEW YORK. 


G?> 


liable ends, the party shall be acquitted ; and the jury 
shall have the right to determine the law and the fact. 

9. The assent of two-thirds of the members elected 
to each branch of the Legislature, shall he requisite to 
every bill appropriating the public moneys or property 
for local or private purposes. 

10. No law shall be passed, abridging the right of 
the people peaceably to assemble and to petition the gov¬ 
ernment, or any department thereof, nor shall any divorce 
be granted, otherwise than by due judicial proceedings, nor 
shall any lottery hereafter be authorized or any sale ol 
lottery tickets allowed within this State. 

11. The People of this State, in their right of sov¬ 
ereignty, are deemed to posess the original and ultimate 
property in and to all lands within the jurisdiction of the 
State ; and all lands the title to which shall fail, from a 
defect of heirs, shall revert, or escheat to the people. 

12. All feudal tenures of every description, with ail 
their incidents, are declared to be abolished, saving how¬ 
ever, all rents and services certain which at any time 
heretofore have been lawfully created or reserved. 

13. All lands within this State are declared to be alio 
dial, so that, subject only to the liability to escheat, the 
entire and absolute property is vested in the owners ac¬ 
cording to the nature of their respective estates. 

14. No lease or grant of agricultural land, for a longer 
period than twelve years, hereafter made, in which shall 
be reserved any rent or service of any kind, shall be 
valid. 

15. All fines, quarter sales, or other like restraints 
upon alienation reserved in any grant of land, hereafter to 
be made, shall be void. 

16. No purchase or contract for the sale of lands in 
this State, made since the fourteenth day of October, 
one thousand seven hundred and seventy-five ; or which 
may hereafter be made, of, or with the Indians, shall he 
valid, unless made under the authority, and with the 
consent of the Legislature. 

17. Such parts of the common law, and of the acts of 
the Legislature of the colony of New-York, as together 
did form the law of the said colony, on the nineteenth 
day of April, one thousand seven hundred and seventy 


64 


CONSTITUTION OF NEW YORK. 


five, and the resolutions of the Congress of the sa'd col¬ 
ony, and of the Convention of the State of New-York, 
in force on the twentieth day of April, one thousand 
seven hundred and seventy-seven, which have not since 
expired, or been repealed or altered ; and such acts of 
the Legislature of this Slate as are now in force, shall 
be and continue the law of this State, subject to such 
alterations as the Legislature shall make concerning the 
same. But all such parts of the common law, and such 
of the said acts, or parts thereof, as are repugnant to 
this Constitution, are hereby abrogated ; and the Legis¬ 
lature, at its first session after the adoption of this Con¬ 
stitution, shall appoint three commissioners, whose duty 
it shall be to reduce into a written and systematic code 
the whole body of the law of this State, or so much and 
such parts thereof as to the said commissioners shall 
seem practicable and expedient. And the said commis¬ 
sioners shall specify such alterations and amendments 
therein as they shall deem proper, and they shall at all 
times make reports of their proceedings to the Legis¬ 
lature, when called upon to do so; and the Legislature 
shall pass laws regulating the tenure of office, the filling 
of vacancies therein, and the compensation of the said 
commissioners ; and shall also provide for the publication 
of the said code, prior to its being presented to the Leg’s- 
islature for adoption. 

18 . All grants of land within this State, made by the 
King of Great Britain, or persons acting under his au¬ 
thority, after the fourteenth day of October, one thou¬ 
sand seven hundred and seventy-five, shall be null and 
void ; but nothing contained in this Constitution shall 
affect any grants of land within this State, made by the 
authority of the said king or his predecessors, or shall 
annul any charters to bodies politic and corporate, by 
him or them made, before that day; or shall affect any 
such grants or charters since made by this State, or by 
persons acting under its authority, or shall impair the 
obligation of any debts contracted by this State, or in¬ 
dividuals, or bodies corporate, or any other rights of 
property, or any suits, actions, rights of action, or other 
proceedings in courts of justice. 


CONSTITUTION OF NEW YORK. 


65 


Article 2. 

Section 1 . Every male citizen of the age of twenty- 
one years, who shall have been a citizen for ten days, 
and an inhabitant of this State one year next preceding 
any election, and for the last four months a resident of 
the county where he may offer his vote, shall be entitled 
to vote at such election in the election district of which 
he shall at the time be a resident, and not elsewhere, foi 
all officers that now are or hereafter may be elective by 
the people ; but such citizen shall have been for thirty 
days next preceding the election, a resident of the dis 
trict from which the officer is to be chosen for whom he 
offers Ins vote. But no man of color, unless he shall have 
been for three years a citizen of this State, and for one 
year next preceding any election shall have been seized 
and possessed of a freehold estate of the value of two 
hundred and fifty dollars, over and above all debts and 
incumbrances charged thereon, and shall have been actu¬ 
ally rated and paid a tax thereon, shall be entitled to 
vote at such election. And no person of color shall be 
subject to direct taxation unless he shall be seized and 
possessed of such real estate as aforesaid. 

2. Laws may be passed excluding from the right of 
suffrage all persons who have been or may be convicted 
of bribery, of larceny, or of any infamous crime ; and for 
depriving every person who shall make, or become di¬ 
rectly or indirectly interested in any bet or wager de¬ 
pending upon the result of any election, from the right 
to vote at such election. 

3. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence, by reason of 
his presence or absence, while employed in the service 
of the United States ; nor while engaged in the naviga¬ 
tion of the waters of this State, or of the United States, 
or of the high seas ; nor while a student of any seminary 
of learning; nor while kept at any alms house, or other 
asylum, at public expense; nor while confined in any 
public prison. 

4. Laws shall be made for ascertaining by proper 
proofs the citizens who shall be entitled to the right of 
suffrage hereby established. 

31 


66 


CONSTITUTION OF NEW YORK. 


5. All elections by the citizens shall be by ballot, ex¬ 
cept for such town officers as may by law be directed 
to be otherwise chosen. 

Article 3. 

Section 1. The legislative power of this State shall 
be vested in a Senate and Assembly. 

2. The Senate shall consist of thirty-two members, 
and the Senators shall be chosen for two years. 

The Assembly shall consist of one hundred and twen¬ 
ty-eight members, who shall be annually elected. 

3. The State shall be divided into thirty-two districts, 
to be called Senate districts, each of which shall choose 
one Senator. The districts shall be numbered from one 
to thirty-two inclusive. 

District number one (1) shall consist of the counties of 
Suffolk, Richmond and Queens. 

District number two (2) shall consist of the county of 
Kings. 

."Districts number three (3) number four (4) number 
five (5) and number six (6) shall consist of the city and 
county of New-York; and the board of supervisors of 
said city and county shall, on or before the first day of 
May one thousand eight hundred and forty-seven, divide 
the said city and county into the number of Senate Dis¬ 
tricts, to which it is entitled, as near as may be of an 
equal number of inhabitants, excluding aliens and per¬ 
sons of color not taxed, and consisting of convenient 
and contiguous territory ; and no Assembly District shall 
be divided in the formation of a Senate District. The 
board of supervisors, when they shall have completed 
such division, shall cause certificates thereof, stating the 
number and boundaries of each district and the popula¬ 
tion thereof, to be filed in the office of the Secretary of 
State, and of the clerk of the said city and county. 

District number seven (7) shall consist of the counties 
of Westchester, Putnam and Rockland. 

District number eight (8) shall consist of the counties 
of Dutchess and Columbia. 

District number nine (9) shall consist of the counties 
of Orange and Sullivan. 

District number ten (10) shall consist of the counties 
of Ulster and Greene. 


CONSTITUTION OF NEW YORK 67 

* District number eleven (11) shall consist of the coun¬ 
ties of Albany and Schenectady. 

District number twelve (12) shall consist of the coun¬ 
ty of Rensselaer. 

District number thirteen (13) shall consist of the coun¬ 
ties of Washington and Saratoga. 

District number fourteen (14) shall consist of the 
counties of Warren, Essex and Clinton. 

District number fifteen (15) shall consist of the coun¬ 
ties of St. Lawrence and Franklin. 

District number sixteen (16) shall consist of the coun¬ 
ties of Herkimer, Hamilton, Fulton and Montgomery. 

District number seventeen (17) shall consist of the 
counties of Schoharie and Delaware. 

District number eighteen (18) shall consist of the 
counties of Otsego and Chenango. 

District number nineteen (19) shall consist of the 
county of Oneida. 

District number twenty (20) shall consist of the coun¬ 
ties of Madison and Oswego. 

District number twenty-one (21) shall consist of the 
counties of Jefferson and Lewis. 

District number twenty-two (22) shall consist of the 
county of Onondaga. 

District number twenty-three (23) shall consist of the 
counties of Cortland, Broome and Tioga. 

District number twenty-four (24) shall consist of the 
counties of Cayuga and Wayne. 

District number twenty-five (25) shall consist of the 
counties of Tomkins, Seneca and Yates. 

District number twenty-six. (26) shall consist of the 
counties of Steuben and Chemung. 

| District number twenty-seven (27) shall consist of the 
; county of Monroe. 

| District number twenty-eight (28) shall consist of the 
counties of Orleans, Genesee and Niagara. 

District number twenty-nine (29) shall consist of the 
counties of Ontario and Livingston. 

District number thirty (30) shall consist of the coun¬ 
ties of Alleghany and Wyoming. 

District number thirty-one (31) shall consist of th* 
county of Erie. 


68 


CONSTITUTION OF NEW TORE. 


District number thirty-two (32) shall consist of the 
counties of Chautauque and Cattaraugus. 

4. An enumeration of the inhabitants of the State shall 
be taken, under the direction of the Legislature, in the 
year one. thousand eight hundred and fifty-five, and at 
the end of every ten years thereafter; and the said dis¬ 
tricts shall be so altered by the Legislature, at the first 
session after the return of every enumeration, that each 
Senate district shall contain, as nearly as may be, an 
equal number of inhabitants, excluding aliens, and per¬ 
sons of color not taxed ; and shall remain unaltered un¬ 
til the return of another enumeration, and shall at all 
times consist of contiguous territory ; and no county 
shall be divided in the formation of a Senate district, 
except such county shall be equitably entitled to two or 
more Senators. 

5. The members of Assembly shall be apportioned 
among the several counties of this State, by the Legis¬ 
lature, as nearly as may be, according to the number of 
their respective inhabitants, excluding aliens, and persons 
of color not taxed, and shall be chosen by single districts. 

The several boards of supervisors in such counties of 
this State, as are now entitled to more than one member 
of Assembly, shall assemble on the first Tuesday of Ja¬ 
nuary next, and divide their respective counties into 
Assembly districts equal to the number of members of 
Assembly to which such counties are now severally en¬ 
titled by law, and shall cause to be filed in the offices of 
the Secretary of State and the clerks of their respective 
counties, a description of such Assembly districts, speci¬ 
fying the number of each district and the population 
thereof, according to the last preceding State enumeration, 
as near as can be ascertained. Each Assembly district 
shall contain, as nearly as may be, an equal number of in¬ 
habitants, excluding aliens and persons of color not taxed, 
and shall consist of convenient and contiguous territory; 
but no town shall be divided in the formation of Assem¬ 
bly districts. 

The legislature, at its first session after the return of 
every enumeration, shall re-apportion the members of 
Assembly among the several counties of this State, in 
manner aforesaid, and the boards of supervisors in such 


CONSTITUTION OF NEW YORK. 


69 


counties as may be entitled, under such re-appointment, 
to more than one member, shall assemble at such time as 
the Legislature making such re-appointment shall pre¬ 
scribe, and divide such counties into Assembly districts, 
in the manner herein directed; and the appointment 
and districts so to be made, shall remain unaltered until 
another enumeration shall be taken under the provisions 
of the preceding section. 

Every county heretofore established and separately or¬ 
ganized, except the county of Hamilton, shall always be 
entitled to one member of the Assembly, and no new 
county shall be hereafter erected, unless its population 
shall entitle it to a member. 

The county of Hamilton shall elect with the county of 
Fulton, until the population of the county of Hamilton 
shall, according to the ratio, be entitled to a member. 

6. The members of the Legislature shall receive for 
their services a sum not exceeding three dollars a day, 
from the commencement of the session ; but such pay 
shall not exceed in the aggregate three hundred dollars 
for per diem allowance, except in proceedings for im¬ 
peachment. The limitation as to the aggregate compen¬ 
sation shall not take effect until the year one thousand 
eight hundred and forty-eight. When convened in extra 
session by the Governor, they shall receive three dollars 
per day. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and re¬ 
turning from their place of meeting, on the most usual 
route. The Speaker of the Assembly shall, in virtue of 
his office, receive an additional compensation equal to 
one third of his per diem allowance as a member. 

7. No member of the Legislature shall receive any 
civil appointment within this State, or to the Senate of 
the United States, from the Governor, the Governor and 
Senate, or from the Legislature, during the term for 
which he shall have been elected ; and all such appoint¬ 
ments, and all votes given for any such member, for any 
such office or appointment shall be void. 

8. No person being a member of Congress, or hold 
ing any judicial or military office under the United 
States, shall hold a seat in the Legislature. And if any 
person shall, after his election as a member of the Leg- 

31* 


70 


CONSTITUTION OF NEW YORK. 


islature, be elected to Congress, or appointed to any 
office, civil or military, under the government of the Uni¬ 
ted States, his acceptance thereof shall vacate his seat. 

9. The elections of Senators and%iembers of Assem¬ 
bly, pursuant to the provisions of this Constitution, shali 
be held on the Tuesday succeeding the first Monday of 
November, unless otherwise directed by the Legislature. 

10. A majority of each house shall constitute a 
quorum to do business. Each house shall determine the 
rules of its own proceedings, and be the judge of the 
elections, returns, and qualifications of its own members, 
shall choose its own officers; and the Senate shall choose 
a temporary president, when the Lieutenant-Governor 
shall not attend as president, or shall act as Governor. 

11. Each house shall keep a journal of its proceed¬ 
ings, and publish the same, except such parts as may 
require secrecy. The doors of each house shall be kept 
open, except when the public welfare shall require se¬ 
crecy. Neither house shall, without the consent of the 
other, adjourn for more than two days. 

12 For any speech or debate in either house of the 
Legislature, the members shall not be questioned in any 
other place. 

13. Any bill may originate in either house of the 
Legislature, and all bills passed by one house may be 
amended by the other. 

14. The enacting clause of all bills shall be “ The 
people of the State of New York, represented in Senate 
and Assembly, do enact as follows,” and no law shall be 
enacted except by bill. 

15. No bill shall be passed unless by the assent of a 
majority of all the members elected to each branch of the 
Legislature, and the question upon the final passage 
shall be taken immediately upon its last reading, and the 
yeas and nays entered on the journal. 

16. No private or local bill, which may be passed by 
the Legislature, shall embrace more than one subject, 
and that shall be expressed in the title. 

17. The Legislature may confer upon the boards of 
supervisors of the several counties of the State, such 
further powers of local legislation and administration, as 
they shall from time to time prescribe. 


CONSTITUTION OF NEW YORK. 


71 


Article 4. 

? 

Section 1. The executive power shall be vested in a 
Governor, who shall hold his office for two years ; a Lieu¬ 
tenant-Governor shall be chosen at the same time, and 
for the same term. 

2. No person, except a citizen of the United States, 
shall be eligible to the office of Governor, nor shall any 
person be eligible to that office, who shall not have at¬ 
tained the age of thirty years, and who shall not have 
been five years next preceding his election, a resident 
within this State. 

3. The Governor and Lieutenant-Governor shall be 
elected at the times and places of ohoosing members of the 
Assembly. The persons respectively having the high¬ 
est number of votes for Governor and Lieutenant Gov¬ 
ernor shall be elected ; but in case two or more shall 
have an equal and the highest number of votes for Gov¬ 
ernor, or for Lieutenant Governor, the two houses of 
the Legislature, at its next annual session, shall, forth¬ 
with, by joint ballot, choose one of the said persons so 
having an equal and the highest number of votes for Go- 
venor, or Lieutenant Governor. 

4. The Governor shall be commander-in-chief of the 
military and naval forces of the State. He shall have 
power to convene the Legislature (or the Senate only) 
on extraordinary occasions. He shall communicate by 
message to the Legislature, at every session, the condi¬ 
tion of the State, and recommend such matters to them 
as he shall judge expedient. He shall transact all neces¬ 
sary business with the officers of government, civil and 
military. He shall expedite all such measures, as may 
be resolved upon by the Legislature, and shall take care 
that the laws are faithfully executed. He shall, at stated 
times, receive for his services a compensation to be esta¬ 
blished by law, which shall neither be increased nor di¬ 
minished after his election and during his continuance in 
office. 

5. The Governor shall have the power to grant re¬ 
prieves, commutations, and pardons after conviction, for 
all offences except treason and cases of impeachment, 
upon such conditions, and with such restrictions and li 


72 


CONSTITUTION OF NEW YORK. 


nutations, as he may think proper, subject to such regu¬ 
lation as may be provided by law relative to the manner 
of applying for pardons. Upon conviction for treason, 
he shall have power to suspend the execution of the sen¬ 
tence until the case shall be reported to the Legislature 
at its next meeting, when the Legislature shall either 
pardon, or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall an¬ 
nually communicate to the Legislature each case of re¬ 
prieve, coinrnut tion or pardon granted ; stating the name 
of the convict, the crime of which he was convicted, the 
sentence and its date, and the date of the commutation, 
pardon or reprieve. 

6. In case of the impeachment of the Governor, or 
his removal from office, death, inability to discharge the 
powers and duties of the said office, resignation or 
absence from the State, the powers and duties of the 
office shall devolve upon the Lieutenant-Governor for 
the residue of the term, or until the disability shall cease. 
But when the Governor shall, with the consent of the 
Legislature, be out of the State in time of war, at the 
head of a military force thereof, he shall continue com¬ 
mander-in-chief of all the military force of the State. 

7. The Lieutenant-Governor shall possess the same 
qualifications of eligibility for office as the Governor. 
He shall be President of the Senate, but shall only have 
a casting vote therein. If during a vacancy of the office 
of Governor, the Lieutenant-Governor shall be impeach¬ 
ed, displaced, resign, die, or become incapable of per¬ 
forming the duties of his office, or be absent from the 
State, the President of the Senate shall act as Gover¬ 
nor, until the vacancy be filled, or the disability shall 
cease. 

8. The Lieutenant-Governor shall, while acting as 
such, receive a compensation which shall be fixed by 
law, and which shall not be increased or diminished 
during his continuance in office. 

9. Every bill which shall have passed the Senate and 
Assembly, shall, before it becomes a law, be presented 
to the Governor: if he approve, he shall sign it; but if 
not, he shall return it with his objections to that house, 
in which it shall have originated; who shall enter the 


CONSTITUTION OF NEW YORK. 73 

objections at large on their journal and proceed to recon¬ 
sider it. If after such reconsideration, two-thirds of the 
members present shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered ; and if approved 
by two-thirds of all the members present, it shall become 
a law, notwithstanding the objections of the Governor. 
But in all such cases, the votes of both houses shall bo 
determined by yeas and nays, and the names of the mem¬ 
bers voting for and against the bill, shall be entered on 
the journal of each house respectively. If any bill shall 
not be returned by the Governor within ten days (Sun¬ 
days excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had sign¬ 
ed it, unless the Legislature shall, by their adjournment, 
prevent its return ; in which case it shall not be a law. 

Article 5. 

Section I. The Secretary of State, Comptroller, 
Treasurer and Attorney-General, shall be chosen at a 
general election, and shall hold their offices for two years. 
Each of the officers in this article named (except the 
Speaker of the Assembly), shall at slated times, during 
his continuance in office, receive for his services, a com¬ 
pensation, which shall not be increased or diminished 
during the term for which he shall have been elected; 
nor shall he receive, to his use, any fees or perquisites 
of office, or other compensation. 

2. A State Engineer and Surveyor shall be chosen at 
a general election, and shall hold his office two years, 
but no person shall be elected to said office who is no< 
a practical engineer. 

3. Three Canal Commissioners shall be chosen at 
the general election which shall be held next after the 
adoption of this Constitution, one of whom shall hold his 
office for one year, one for two years, and one for three 
years. The Commissioners of the Canal Fund shall 
meet at the Capitol on the first Monday of January, next 
after such election, and determine by lot which of said 
Commissioners shall hold his office for one year, which 
for two, and which for three years; and there shall be 


74 


CONSTITUTION OF NEW YORK. 


elected annually, thereafter, one Canal Commissioner, 
who shall hold his office for three years. 

4. Three Inspectors of State Prisons, shall be elected 
at the general election which shall be hdd next after the 
adoption of this Constitution, one of whom shall hold 
his office for one year, one for two years, and one for 
three years. The Governor, Secretary of State, and 
Comptroller, shall meet at the Capitol on the first Mon¬ 
day of January next succeeding such election, and deter¬ 
mine by lot which of said Inspectors shall hold his office 
for one year, which for two, and whieh for three years; 
and there shall be elected annually thereafter one Inspec¬ 
tor of State Prisons, who shall hold his office for three 
years. Said Inspectors shall have the charge and super¬ 
intendence of the State prisons, and shall appoint all the 
officers therein. All vacancies in the office of such In¬ 
spector shall be filled by the Governor, till the next elec¬ 
tion. 

5. The Lieutenant Governor, Speaker of the Assem¬ 
bly, Secretary of State, Comptroller, Treasurer, Attor¬ 
ney-General and State Engineer and Surveyor, shall be 
the Commissioners of the Land-Office. 

The Lieutenant-Governor, Secretary of State, Comp¬ 
troller, Treasurer, and Attorney-General, shall be the 
Commissioners of the Canal Fund. 

The Canal Board shall consist of the Commissioners 
of the Canal Fund, the State Engineer and Surveyor, 
and the Canal Commissioners. 

6. The powers and duties of the respective boards 
and of the several officers in this Article mentioned, 
shall be such as now are or hereafter may be prescribed 
by law. 

7. The Treasurer may be suspended from office by 
the Governor, during the recess of the Legislature, and 
until thirty days after the commencement of the next ses¬ 
sion of the Legislature, whenever it shall appear to him 
that such Treasurer has, in any particular, violated his 
duty. The Governor shall appoint a competent person 
to discharge the duties of the office, during such suspen¬ 
sion of the Treasurer. 

8. All offices for the weighing, gauging measuring, 
culling or inspecting any merchandize, produce, mama- 


CONSTITUTION OF NEW YORK. 


75 


facture or commodity, whatever, are hereby abolished, 
and no such office shall hereafter be created by law ; but 
nothing in this section contained, shall abrogate any 
office created for the purpose of protecting the public 
health or the interests of the State in its property, re¬ 
venue, tolls, or purchases, or of supplying the people 
with correct standards of weights and measures, or shall 
prevent the creation of any office for such purpose here¬ 
after. 


Article 6, 

Section 1 . The Assembly shall have the power of 
impeachment, by the vote of a majority of all the mem¬ 
bers elected. The court for the trial of impeachments, 
shall be composed of the President of the Senate, the 
Senators, or a major part of them, and the judges of the 
court of appeals, or a major part of them. On the trial 
of an impeachment against the Governor, the Lieutenant- 
Governor shall not act as a member of the court. No ju¬ 
dicial officer shall exercise his office after he shall h;ve 
been impeached, until he shall have been acquitted. Be¬ 
fore the trial of an impeachment, the members of the 
court shall take an oath or affirmation, truly arid impar¬ 
tially to try the impeachment, according to evidence ; 
and no person shall be convicted, without the concur¬ 
rence of two*thirds of the members present. Judg¬ 
ment in cases of impeachment shall not extend further 
than to removal from office, or removal from office, and 
disqualification to hold and enjoy any office of honor, 
trust or profit under this State ; but the party impeached 
shall be liable to indictment, and punishment according 
to law. 

2. There shall be a Court of Appeals, composed of 
eight judges, of whom four shall be elected by the elec¬ 
tors of the State for eight years, and four selected from 
the class of Justices of the Supreme Court having the 
shortest time to serve. Provision shall be made by law, 
for designating one of the number elected, as chief judge, 
and for selecting such Justices of the Supreme Court, 
from time to time, and for so classifying those elected, 
that one shall be elected every second year. 


76 


CONSTITUTION OF NEW YORK. 


3. There shall be a Supreme Court having general 
jurisdiction in law and equity. 

4. The State shall be divided into eight judicial dis 
triets, of which the city of Nevv-York shall be one ; the 
others to be bounded by county lines and to be compact 
and equal in population as nearly as may be. There 
shall be four Justices of the Supreme Court in each dis¬ 
trict, and as many more in the district composed of the 
city of New-York, as may from time to time be author¬ 
ized by law, but not to exceed in the whole such number 
in proportion to its population, as shall be in conformity 
with the number of such judges in the residue of the 
State in proportion to its population. They shall be 
classified so that one of the justices of each district shall 
go out of office at the end of every two years. After the 
expiration of their terms under such classification, the 
term of their office shall be eight years. 

5. The Legislature shall have the same powers to al¬ 
ter and regulate the jurisdiction and proceedings in law 
and equity, as they have heretofore possessed. 

6. Provision may be made by law for designating from 
time to time, one or more of the said justices, who is 
not a judge of the Court of Appeals, to preside at 
the general terms of the said Court to be held in the 
several districts. Any three or more of the said justices, 
of whom one of the said justices so designated shall 
always be one, may hold such general terms. And any 
one or more of the justices may hold special terms and 
circuit courts, and any one of them may preside in courts 
of oyer and terminer in any county. 

7. The Judges of the Court of Appeals and justices of 
the Supreme Court shall severally receive at stated times 
for their services, a compensation to he established by 
law, which shall not be increased or diminished during 
their continuance in office. 

8. They shall not hold any other office or public trust 
All votes for either of them, for any elective office (ex¬ 
cept that of Justice of the Supreme Court, or judge of 
the court of appeals), given by the Legislature or the 
people, shall be void. They shall not exercise any 
power of appointment to public office. Any male citi¬ 
zen of the age of twenty-one years, of good moral char- 


CONSTITUTION OF NEW YORK. 


77 


actei, and who possesses the requisite qualifications of 
learning and ability, shall be entitled to admission to 
practice in all the courts of this State. 

9. The classification of the Justices of the Supreme 
Court; the times and place of holding the terms of the 
court of appeals, and of the general and special terms of 
the Supreme Court within the several districts, and the 
circuit courts and courts of oyer and terminer within the 
several counties, shall he provided for by law. 

10. The testimony in equity cases shall be taken in 
like manner as in cases at law. 

11. Justices of the Supreme Court and judges of the 
Court of Appeals, may be removed by concurrent reso¬ 
lution of both houses of the Legislature, if two-thirds of 
all the members elected to the Assembly, and a majority 
of all the members elected to the Senate, concur therein. 

All judicial officers, except those mentioned in this 
section, and except justices of the peace, and judges and 
justices of inferior courts not of record may be removed 
by the Senate, on the recommendation of the Governor; 
but no removal shall be made by virtue of this section, 
unless the cause thereof be entered on the journals, nor 
unless the party complained of, shall have been served 
with a copy of the complaint against him, and shall have 
had an opportunity of being heard in his defence. On 
the question of removal, the ayes and noes shall be en¬ 
tered on the journals. 

12. The judge of the Court of Appeals shall be elected 
by the electors of the State, and the justices of the Su¬ 
preme Court by the electors of the several judicial dis¬ 
tricts, at such times as may be prescribed by law. 

13. In case the office of any judge of the Court of 
Appeals, or justice of the Supreme Court, shall become 
vacant before the expiration of the regular term for which 
he was elected, the vacancy may be filled by appoint¬ 
ment by the Governor, until it shall be supplied at the 
next general election of judges, when it shall be filled by 
election for the residue of the unexpired term. 

14. There shall be elected in each of the counties of 
this State, except the city and county of New-York, one 
county judge, who shall hold his office for four years, 
tie shall hold the county court, and perform the duties 

82 


78 


CONSTITUTION OF NEW YORK. 


of the office of surrogate. The county court shall have 
such jurisdiction in cases arising injustices’ courts, and 
in special cases, as the Legislature may prescribe; bu 
shall have no original civil jurisdiction, except in such 
special cases 

The county judge, with two justices of the peace, to 
be designated according to law, may hold courts of ses¬ 
sions with such criminal jurisdiction as the Legislature 
shall prescribe, and perforin such other duties as may be 
required by law. 

The county judge shall receive an annual salary, to be 
fixed by the board of supervisors, which shall be neither 
increased nor diminished during his continuance in office. 

The justices of the peace, for services in courts of ses¬ 
sions, shall be paid a per diem allowance out of the 
county treasury. 

In counties having a population exceeding forty thou¬ 
sand, the Legislature may provide for the election of 
a separate officer to perform the duties of the office of 
surrogate. 

The Legislature may confer equity jurisdiction in spe¬ 
cial cases upon the county judge. 

Inferior local courts, of civil and criminal jurisdiction, 
may be established by the Legislature in cities ; and 
such courts, except for the cities of New-York and Buf¬ 
falo, shall have an uniform organization and jurisdiction 
in such cities. 

15. The Legislature may, on application of the board 
of supervisors, provide for the election of local offi¬ 
cers, not to exceed two in any county, to discharge the 
duties of county judge and of surrogate, in cases of 
their inability or a vacancy, and to exercise such other 
powers in special cases as may be provided by law. 

16. The Legislature may reorganize the judicial dis¬ 
tricts at the first session after the return of every enume 
ration under this constitution, in the manner provided 
for in the fourth section of this article, and at no other 
time ; and they may, at such session, increase or dimin¬ 
ish the number of districts, but such increase or diminu¬ 
tion shall not be more than one district at any one time. 
Each district shall have four justices of the Supreme 


CONSTITUTION OF NEW YORK. 79 

Court; but no diminution of the districts shall have the 
effect to remove a judge from office. 

17. The electors of the several towns, shall, at theii 
annual town meeting, and in such manner as the Legis¬ 
lature may direct, elect justices of the peace, whose 
term of office shall be four years. In case of an elec¬ 
tion to fill a vacancy occurring before the expiration of a 
full term, they shall hold for the residue of the unex¬ 
pired term. Their number and classification may be re¬ 
gulated by law. Justices of the peace and judges or 
justices of inferior courts not of record and their clerks 
may be removed after due notice and an opportunity of 
being heard in their defence by such county, city or state 
courts as may be prescribed by law, for causes to be as¬ 
signed in the order of removal. 

18. All judicial officers of the cities and villages, and 
all such judicial officers as may be created therein by law, 
shall be elected at such times and in such manner as the 
Legislature may direct. 

19. Clerks of the several counties of this State shall 
be clerks of the Supreme Court, with such powers and 
duties as shall be prescribed by law. A clerk for the 
Court of Appeals, to be ex-officio clerk of the Supreme 
Court, and to keep his office at the seat of government, 
shall be chosen by the electors of the State ; he shall 
bold his office for three years, and his compensation 
shall be fixed by law and paid out of the public Trea¬ 
sury. 

20. No judicial officer, except justices of the peace, 
shall receive to his own use, any fees or perquisites of 
office. 

21. The Legislature may authorize the judgments, 
decrees and decisions of any local inferior court of re¬ 
cord of original civil jurisdiction, established in a city, 
to be removed for review directly into the Court of Ap¬ 
peals. 

22. The Legislature shall provide for the speedy 
publication of all statute laws, and of such judicial 
decisions as it may. deem expedient. And all laws 
and judicial decisions shall be free for publication by any 
persor 

23 Tribunals of conciliation may be established. 


80 


CONSTITUTION OF NEW YORK. 


with such powers and duties as may be prescribed by 
law, but such tribunals shall have no power to rendei 
judgment to be obligatory on the parties, except they 
voluntarily submit their matters in difference and agree 
to abide the judgment, or assent thereto, in the presence 
of such tribunal, in such cases as shall be prescribed by 
law. 

24. The Legislature at its first session after the adop¬ 
tion of this Constitution, shall provide for the appoint¬ 
ment of three commissioners, whose duty it shall be to 
revise, reform, simplify and abridge the rules and prac¬ 
tice, pleadings, forms and proceedings of the courts of 
record of this State, and to report thereon to the Legis¬ 
lature, subject to their adoption and modification from 
time to time 

25. The Legislature at its first session after the adop¬ 
tion of this Constitution, shall provide for the organiza¬ 
tion of the Court of Appeals, and for transferring to it 
the business pending in the Court for the Correction of 
Errors, and for the allowance of writs of error and ap¬ 
peals to the Court of Appeals, from the judgments and 
decrees of the# present Court of Chancery and Supreme 
Court, and of the courts that may be organized under this 
Constitution. 

Article 7. 

Section 1. After paying the expenses of collection, 
superintendance and ordinary repairs, there shall be ap¬ 
propriated and set apart in each fiscal year, out of the 
revenues of the State canals, commencing on the first 
day of June, one thousand eight hundred and forty-six, 
the sum of one million and three hundred thousand dol¬ 
lars until the first day of June, one thousand eight hun¬ 
dred and fifty-five, and from that time the sum of one 
million and seven hundred thousand dollars in each fiscal 
year, as a sinking fund, to pay the interest and redeem 
the principal of that part of the State debt called the 
canal debt, as it existed at the time first aforesaid, and 
including three hundred thousand dollars then to be bor¬ 
rowed, until the same shall be wholly paid; and the 
principal and income of the said sinking fund shall be 
sacredly applied to that purpose. 


CONSTITUTION OF NEW YORK. 


81 


2. After complying with the provisions of the firs* 
section of this article, there shall be appropriated and 
set apart out of the surplus revenues of the State canals, 
in each fiscal year, commencing on the first day of June, 
one thousand eight hundred and forty-six, the sum of 
three hundred and fifty thousand dollars, until the time 
when a sufficient sum shall have been appropriated and 
set apart, under the said first section, to pay the interest 
and extinguish the entire principal of the canal debt; and 
after that period, then the sum of one million and five hun¬ 
dred thousand dollars in each fiscal year, as a sinking 
fund, to pay the interest and redeem the principal of that 
part of the State debt called the General Fund Debt, 
including the debt for loans of the State credit to rail 
road companies which have failed to pay the interest 
thereon, and also the contingent debt on State stocks 
loaned to incorporated companies which have hitherto 
paid the interest thereon, whenever and as far as anv 
part thereof may become a charge on the Treasury or 
General Fund, until the same shall be wholly paid; 
and the principal and income of the said last mentioned 
sinking fund shall be sacredly applied to the purpose 
aforesaid; and if the payment of any part of the moneys 
to the said sinking fund shall at any time be deferred; 
by reason of the priority recognized in the first section 
of this article, the sum so deferred, with quarterly in¬ 
terest thereon, at the then current rate, shall be paid to 
the last mentioned sinking fund, as soon as it can be 
done consistently with the just rights of the creditors 
holding said canal debt. 

3. After paying the said expenses of superintendance 
and repairs of the canals, and the sums appropriated by 
the first and second sections of this Article, there shall 
be paid out of the surplus revenues of the canals, to the 
Treasury of the State, on or before the thirtieth day of 
September, in each year, for the use and benefit of the 
General Fund, such sum, not exceeding two hundred 
thousand dollars, as may be required to defray the ne¬ 
cessary expenses of the State ; an-d the remainder of 
the revenues of the said canals shall, in each fiscal year, 
be applied, in such manner as the Legislature shall 
direct, to the completion of the Erie Canal enlargement, 

32 * 


82 


CONSTITUTION OF NEW YORK. 


and the Genesee Valley and Black River canals, until 
the said canals shall be completed. 

•If at any time after the period of eight years from the 
adoption of this Constitution, the revenues of the State, 
unappropriated by this article, shall not be sufficient to 
defray the necessary expenses of the government, with¬ 
out continuing or laying a direct tax, the Legislature 
may, at its discretion, supply the deficiency, in whole or 
in part, from the surplus revenues of the canals, after 
complying with the provisions of the first two sections 
of this article, for paying the interest and extinguishing 
the principal of the Canal and General Fund Debt; but 
the sum thus appropriated from the surplus revenues of 
the canals shall not exceed annually three hundred and 
fifty thousand dollars, including the sum of two hundred 
thousand dollars, provided for by this section for the ex¬ 
penses of the government, until the General Fund Debt 
shall be extinguished, or until the Erie Canal enlargement 
and Genesee Valley and Black River Canals shall be com¬ 
pleted, and after that debt shall be paid, or the said 
canals shall be completed, then the sum of six hundred 
and seventy-two thousand five hundred dollars, or 
so much thereof as shall be necessary, may be annually 
appropriated to defray the expenses of the government. 

4. The claims of the State against any incorporated 
company to pay the interest and redeem the principal 
of the stock of the State loaned or advanced to sucli com¬ 
pany, shall be fairly enforced, and not released or 
compromised ; and the moneys arising from such claims 
shall be set apart and applied as part of the sinking 
fund provided in the second section of this article. But 
the time limited for the fulfilment of any condition of 
any release or compromise heretofore made or provided 
for, may be extended by law. 

5. If the sinking funds, or either of them, provided in 
this article, shall prove insufficient to enable the State, 
on the credit of such fund, to procure the means to satisfy 
the claims of the creditors of the State as they become 
payable, the Legislature shall, by equitable taxes, so 
increase the revenues of the said funds as to make them, 
respectively, sufficient perfectly to preserve the public 
faith. Every contribution or advance to the canals, oi 


CONSTITUTION OF NEW YORK. 


83 


(heir debt, from any source, other than their direct re¬ 
venues, shall, with quarterly interest, at the rates then 
current, be repaid into the Treasury, for the use of the 
State, out of the canal revenues, as soon as it can be done 
consistently with the just rights of the creditors holding 
the said canal debt. 

6. The Legislature shall not sell, lease, or otherwise 
dispose of any of the canals of the State ; but they shall 
remain the property of the State and under its manage¬ 
ment, forever. 

7. The Legislature shall never sell or dispose of the 
salt springs belonging to this State. The lands conti¬ 
guous thereto and which may be necessary and conveni¬ 
ent for the use of the salt springs, may be sold by 
authority of law and under the direction of the com¬ 
missioners of the land office, for the purpose of investing 
the moneys arising therefrom in other lands alike conve¬ 
nient; but by such sale and purchase the aggregate 
quantity of these lands shall not be diminished. 

8. No moneys shall ever be paid out of the Treasury 
of this State, or any of its funds, or any of the funds 
under its management, except in pursuance of an appro¬ 
priation by law ; nor unless such payment b^ made 
within two years next after the passage of such appro¬ 
priation act; and every such law, making anew appro¬ 
priation, or continuing or reviving an appropriation, 
shall distinctly specify the sum appropriated, and the ob¬ 
ject to which it is to be applied ; and it shall notbe sufficient 
for such law to refer to any other law to fix such sum. 

9. The credit of the State shall not, in any manner, 
be given or loaned to, or in aid of any individual as¬ 
sociation or corporation. 

10. The State may, to meet casual deficits or failures 
in revenues, or for expenses not provided for, contract 
debts, but such debts, direct and contingent, singly or in 
the aggregate, shall not at any time, exceed one million 
of dollars ; and the moneys arising from the loans cre¬ 
ating such debts, shall be applied to the purpose for 
which they were obtained, or to repay the debts so con¬ 
tracted, and to no other purpose whatever. 

11. In addition to the above limited power to contract 
debts, the State may contract debts to repel invasion, 


84 


CONSTITUTION OF NEW YORK. 


suppress insurrection, or defend the State in war; bu 
the money arising from the contracting of such debts 
shall be applied to the purpose for which it was raised, 
or to repay such debts, and to no other purpose what¬ 
ever. 

12. Except the debts specified in the tenth and 
eleventh sections of this article, no debt shall be here¬ 
after contracted by or on behalf of this State, unless such 
debt shall be authorized by a law, for some single work 
or object, to be distinctly specified therein ; and such 
law shall impose and provide for the collection of a di¬ 
rect annual tax to pay, and sufficient to pay the interest 
on such debt as it falls due, and also to pay and discharge 
the principal of such debt within eighteen years from 
the time of the contracting thereof. 

No such law shall take effect until it shall, at a general 
election, have been submitted to the people, and have 
received a majority of all the votes cast for and against 
it, at such election. 

On the final passage of such bill in either house of 
the Legislature, the question shall be taken by ayes and 
noes, to be duly entered on the journals thereof, and shall 
be : “ Shall this bill pass and ought the same to receive 
the sanction of the people ?” 

The Legislature may at any time, after the approval of 
such law by the people, if no debt shall have been con¬ 
tracted in pursuance thereof, repeal the same ; and may 
at any time, by law, forbid the contracting of any 
further debt or liability under such law ; but the tax im¬ 
posed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such 
law, shall remain in force and be irrepealable, and be 
annually collected, until the proceeds thereof shall 
have made the provision herein before specified to pay 
and discharge the interest and principal of such debt and 
liability. 

'The money arising from any loan or stock creating 
such debt or liability, shall be applied to the work or 
object specified in the act authorizing such debt or liabi¬ 
lity, or for the repayment of such debt or liability, and 
for no other purpose whatever. 

No such aw shall be submitted to be voted on, within 


CONSTITUTION OF NEW YORK. 


85 


three months after its passage, or at an}'- general election,, 
when any other law, or any bill, or any amendment to 
the Constitution, shall be submitted to be voted for oi 
against. 

13. Every law which imposes, continues or levives a 
tax, shall distinctly state the tax and the object to which 
it is to be applied ; and it shall not be sufficient to refer 
to any other law to fix such tax or object. 

14. On the final passage, in either house of the Legis¬ 
lature, of every act which imposes, continues, or revives 
a tax, or creates a debt or charge, or makes, continues 
or revives any appropriation of public or trust money or 
property, or releases, discharges, or commutes any 
claim or demand of the state, the question shall be taken 
by ayes and noes, which shall be duly entered on the 
journals, and three-fifths of all the members elected to 
either house, shall, in all such cases, be necessary to 
constitute a quorum therein. 

Article 8. 

Section 1 . Corporations may be formed under gen¬ 
eral laws; but shall not be created by special act, except 
for municipal purposes, and in cases where in the judg¬ 
ment of the Legislature, the objects of the corporation 
cannot be attained under general laws. All general laws 
and special acts passed pursuant to this section, may be 
altered from time to time or repealed. 

2. Dues from corporations shall be secured by 
such individual liability of the corporators and other 
means as may be prescribed by law. 

3. The term corporations as used in this article, shall 
be construed to include all associations and joint-stock 
companies having any of the powers or privileges of cor¬ 
porations not posse«sed by individuals or partnerships. 
And all corporations shall have the right to sue and shall 
be subject to be sued in all courts in like cases as natural 
persons. 

4. The Legislature shall have no power to pass any 
act granting any special charter for banking purposes, 
but corporations or associations may be formed for such 
purposes under general laws. 


80 


CONSTITUTION OF NEW YORK. 


5. The Legislature shall have no power to pass any 
law sanctioning in any manner, directly or indirectly, 
the suspension of specie payments, by any person, asso¬ 
ciation or corporation issuing bank notes of any descrip* 
tion. 

G. The Legislature shall provide by law for the regis¬ 
try of all bills or notes, issued or put in circulation as 
money, and shall require ample security for the redemp¬ 
tion of the same in specie 

7. The stockholders in every corporation and joint- 
stock association for banking purposes, issuing bank 
notes or any kind of paper credits to circulate as money, 
after the first day of January, one thousand eight hundred 
and fifty, shall be individually responsible to the amount 
of their respective share or shares of stock in any such 
corporation or association, for all its debts and liabilities 
of every kind, contracted after the said first day of Ja¬ 
nuary, one thousand eight hundred and fifty. 

8. In case of the insolvency of any bank or banking 
association, the bill-holders thereof shall be entitled to 
preference in payment, over all other creditors of such 
bank or association. 

9. It shall be the duty of the Legislature to provide for 
the organization of cities and incorporated villages, and 
to restrict their power of taxation, assessment, borrowing 
money, contracting debts and loaning their credit, so as 
to prevent abuses in assessments, and in contracting debt 
by such municipal corporations. 

Article 9 

Section 1. The capital of the Common School Fund; 
the capital of the Literature Fund; and the capital of the 
United States Deposite Fund, shall be respectively 
preserved inviolate. The revenue of the said Common 
School Fund shall be applied to the support of common 
schools; the revenues of the said Literature Fund shall 
be applied to the support of academies, and the sum of 
twenty-five thousand dollars of the revenues of the United 
States Deposite Fund shall each year be appropriated to 
and made a part of the capital of the said Common School 
Fund. 


CONSTITUTION OF NEW YORK. 


87 


Article 10. 

Section 1 . Sheriffs, clerks of counties, including the 
register and clerk of the city and county of New-York, 
coroners, and district attorneys, shall be chosen, by the 
electors of the respective counties, once in every three 
years and as*often as vacancies shall happen. Sheriffs 
shall hold no other office, and be ineligible for the next 
three years after the termination of their offices. They 
may be required by law, to renew their security, from 
time to time ; and in default of giving such new secu¬ 
rity, their offices shall be deemed vacant. But the 
county shall never be made responsible for the acts of 
the sheriff’. 

The Governor may remove any officer, in this section 
mentioned, within the term for which he shall have been 
elected; giving to such officer a copy of the charges 
against him, and an opportunity of being heard in his de¬ 
fence. 

2. All county officers whose election or appointment 
is not provided for, by this Constitution, shall be elected 
by the electors of the respective counties, or appointed 
by the boards of supervisors, or other county authori¬ 
ties, as the Legislature shall direct. All city, town and 
village officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by 
the electors of such cities, towns and villages, or of some 
division thereof, or appointed by such authorities thereof, 
as the Legislature shall designate for that purpose. All 
other officers whose election or appointment is not pro¬ 
vided for by this Constitution, and all officers whose 
offices may hereafter he created bylaw, shall be elected 
by the people or appointed, as the Legislature may 
direct. 

3. When the duration of anv office. *s not provided by 
this Constitution, it may be declared by law, and if not 
so declared, such office shall be held, during the pleasure 
of the authority making the appointment. 

4. The time of electing all officers named in this arti 
cle shall be prescribed by law. 

5. The Legislature shall provide for filling vacancies 
in office, and in case of elective officers, no person ap¬ 
pointed to fill a vacancy shall hold his office by virtue 


38 


CONSTITUTION OF NEW YORK. 


of such appointment longer than the commencement of 
the political year next succeeding the first annual election 
after the happening of the vacancy. 

6. The political year and legislative term, shall begin 
on the first day of January; and the Legislature shall 
every year assemble on the first Tuesday in January, 
unless a different day shall be appointed by law. 

7. Provisions shall be made by law for the removal 
for misconduct or malversation in office of all officers 
(except judicial) whose powers and duties are not local 
orlegisiative, and who shall be elected at general elections, 
and also for supplying vacancies created by such re¬ 
moval. 

8. The Legislature may declare the cases in which 
any office shall be deemed vacant, where no provision is 
made for that purpose in this Constitution. 

Article 11. 

Section 1 . The militia of this State, shall at all times 
hereafter, be armed and disciplined, and in readiness for 
service ; but all such inhabitants of this State of any re¬ 
ligious denomination whatever as from scruples of con¬ 
science may be averse to bearing arms, shall be excused 
therefrom, upon such conditions as shall be prescribed by 
law. 

2. Militia officers shall be chosen, or appointed, as 
follows;—captains, subalterns and non-commissioned 
officers shall be chosen by the written votes of the mem¬ 
bers of their respective companies. Field officers of 
regiments and separate battalions, by the written votes 
of the commissioned officers of the respective regiments 
and separate battalions; brigadier-generals and brigade 
inspectors by the field officers of their respective bri¬ 
gades ; major generals, brigadier generals and command¬ 
ing officers of regiments or separate battalions, shall 
appoint the staff officers to their respective divisions, 
brigades, regiments or separate battalions. 

3. The Governor shall nominate, and with the consent 
of the Senate, appoint all major generals, and the com¬ 
missary general. The adjutant general and other chiefs 
of staff departments, and the aids-de-camp of the com¬ 
mander-in-chief shall be appointed by the Governor, and 


CONSTITUTION OF NEW YORK. 


89 


their commissions shall expire with the time for which 
the Governor shall have been elected. The commis¬ 
sary general shall hold his office for two years. He 
shall give security for the faithful execution of the duties 
>f his office, in such manner and amount as shall be 
prescribed by law. 

4. The Legislature shall, by law, direct the time and 
manner of electing militia officers, and of certifying 
their elections to the Governor. 

5. I'he commissioned officers of the militia shall be 
commissioned by the Governor; and no commissioned 
officer shall be removed from office, unless by the Senate 
on the recommendation of the Governor, stating - the 
grounds on which such removal is recommended, or by 
the decision of a court martial, pursuant to law. The 
present officers of the militia shall hold their commissions 
subject to removal, as before provided. 

6. In case the mode of election and appointment of 
militia officers hereby directed, shall not be found con¬ 
ducive to the improvement of the militia, the Legislature 
may abolish the same, and provide by law for their ap¬ 
pointment and removal, if two-thirds of the members 
"present in each house shall concur therein. 

Article 12 . 

Section 1. Members of the Legislature and all offi¬ 
cers, executive and judicial, except such inferior officers 
as may be by law exempted, shall, before they enter on 
the duties of their respective offices, take and subscribe 
the following oath or affirmation : 

“ I do solemnly swear (or affirm, as the case may be) 
that l will support the Constitution of the United States, 
and the Constitution of the State of New-York ; and that 
l will faithfully discharge the duties of the office of 
according to the best of my ability.” 

And no other oath, declaration, or test shall be required 
as a qualification for any office or public trust. 


33 


90 


CONSTITUTION OF NEW YORK. 


Article 13. 

Section 1. Any amendment or amendments to this 
Constitution may be proposed in the Senate and Assem- 
bly ; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such 
proposed amendment or amendments shall be entered on 
their journals with the yea* and nays taken thereon, and 
leferred to the Legislature, to be chosen at the next ge¬ 
neral election of Senators, and shall be published for 
three months previous to the time of making such choice, 
and if in the Legislature so next chosen, as aforesaid 
such proposed amendment or amendments, shall be 
agreed to, by a majority of all the members elected to 
each house, then it shall be the duty of the Legislature 
to submit such proposed amendment or amendments to 
the people, in such manner and at such time as the Le¬ 
gislature shall prescribe; and if the people shall approve 
and ratifv such amendment or amendments, by a majo¬ 
rity of the electors qualified to vote for members of the 
Legislature, voting thereon, such amendment or amend¬ 
ments shall become part of the Constitution. 

2. At the general election to be held in the year 
eighteen hundred arid sixty-six, and in each twentieth 
year thereafter, and also at such time as the Legislature 
may by law provide, the question, “ Shall there be a 
Convention to revise the Constitution, and amend the 
same?” shall be decided by the electors qualified to vote 
for members of the Legislature ; and in case a majority 
of the electors so qualified, votingat such election, shall 
decide in favor of a Convention for such purpose, the 
Legislature at its next session, shall provide by law for 
the election of delegates to such Convention. 

Article 14. 

Section 1 . The first election of Senators and mem¬ 
bers of Assembly, pursuant to the provisions of this Con¬ 
stitution, shall be held on the Tuesday succeeding the 
first Monday of November, one thousand eight hundred 
and forty-seven. 


CONSTITUTION OF NEW YORK. 


91 


The Senators and members of Assembly who may be 
In office on die first day of January, one thousand eight 
hundred and forty-seven, shall hold their offices until and 
including the thirty-first day of December following, and 
no longer. 

2. The first election of Governor and Lieutenant- 
Governor under this Constitution, shall be held on the 
Tuesday succeeding the first Monday of November, one 
thousand eight hundred and forty-eight; and the Go¬ 
vernor and Lieutenant-Governor in office when this Con¬ 
stitution shall take effect, shall hold their respective offices 
until and including the thirty-first day of December of 
that year. 

3. The Secretary of State, Comptroller, Treasurer, 
Attorney-General, District-Attorney, Surveyor-General, 
Canal Commissioners, and inspectors of State prisons, 
in office when this Constitution shall take effect, shall 
hold their respective offices until and including the thirty- 
first day of December, one thousand eight hundred and 
forty-seven, and no longer. 

4. The first election of judges and clerk of the Court 
of Appeals, justices of the Supreme Court, and county 
judges, shall take place at such time between the first 
Tuesday of April and the second Tuesday of June, one 
thousand eight hundred and forty-seven, as may be pre¬ 
scribed by law. The said courts *hall respectively enter 
upon their duties, on the first Monday of July, next 
thereafter; but the term of office of said judges, clerk 
and justices as declared by this Constitution, shall be 
deemed to commence on the first day of January, one 
thousand eight hundred and forty-eight. 

5. On the first Monday of July, one thousand eight 
hundred and forty-seven, jurisdiction of all suits and 
proceedings then pendiug in the present Supreme Court 
and Court of Chancery, and all suits and proceedings 
originally commenced and then pending in any court of 
common pleas, (except in the city aud county of New- 
York), shall become vested in the Supreme Court hereby 
established. Proceedings pending in courts of common 
pleas and in suits originally commenced injustices courts 
shall be transferred to the county courts provided for in 


92 


CONSTITUTION OF NEW YORK. 


this Constitution, in such manner and form and under 
such regulation, as shall be provided by law. The 
courts of oyer and terminer hereby established shall, in 
their respective counties, have jurisdiction, on and 
after the day last mentioned, of all indictments and pro¬ 
ceedings then pending in the present courts of oyer and 
terminer, and also of all indictments and proceedings 
then pending in the present courts of general sessions of 
the peace, except in the city of New-York, and except 
in cases of which the courts of sessions hereby establishod 
may lawfully take cognisance ; and of such indictments 
and proceedings the courts of sessions hereby established 
shall have jurisdiction on and after the day last men¬ 
tioned, 

6. The Chancellor and the present Supreme Court 
shall, respectively, have power to hear and determine 
any of such suits and proceedings ready on the first 
Monday of July, one thousand eight hundred and forty- 
seven, forbearing or decision, and shall, for their services 
therein, be entitled to their present rates of compensation 
until the first day of July, one thousand eight hundred 
and forty-eight, or until nil such suits and proceedings 
shall be sooner heard and determined. Masters in 
Chancery may continue to exercise the functions of their 
office in the court of chancery, so long as the Chancellor 
shall continue to exercise the functions of his office 
under the provisions of this Constitution. 

And the Supreme Court hereby established shall also 
have power to hear and determime such of said suits and 
proceedings as may be prescribed by law. 

7. In case any vacancy shall occur in the office of 
chancellor or justice of the present Supreme Court, pre¬ 
viously to the first day of July, one thousand eight hun¬ 
dred and forty-eight, the Governor may nominate, and 
by and with the advice and consent of the Senate, appoint 
a proper person to fill such vacancy. Any judge of the 
Court of Appeals or justice of the Supreme Court, elected 
under this Constitution, may receive and hold such ap¬ 
pointment. 

8. The offices of Chancellor, justice of the existing 
Supreme Court, circuitjudgq, vice-chancellor, assistant 


CONS'! ITUTI0X OF NEW YORK. 


93 


vice-chancellor, judge of the existing county courts of each 
couu y, Supreme Court commissioner, master in chan¬ 
cery, examiner in chancery, and surrogate, (except as 
herein otherwise provided,) are abolished from and after 
he first Monday of July, one thousand eight hundred and 
orty-seven, (1847.) 

9. The Chancellor, the justices of the present Supreme 
Court, and the circuit judges, are hereby declared to be 
severally eligible to any office at the first election under 
this Constitution. 

10. Sheriffs, clerks of counties, (including the register 
and clerk of the city and county of New-York) and 
justices or the peace, and coroners, in office, when this 
Constitution shall take effect, shall hold their respective 
offices until the expiration of the term for which they 
were respectively elected. 

11. Judicial officers in office when this Constitution 
shall take effect may continue to receive such fees and 
perquisites of office as are now authorized bylaw, until 
the first day of July, one thousand eight hundred and 
forty-seven, notwithstanding the provisions of the twen¬ 
tieth section of the sixth article of this Constitution. 

12. All local courts established in any city or village, 
including the superior court, common pleas, sessions 
and surrogate’s courts of the city and county of New 
York, shall remain, until otherwise directed by the 
Legislature, with their present powers and jurisdictions ; 
and the judges of such courts and any clerks thereof in 
office on the first day of January one thousand eight 
hundred and forty-seven, shall continue in office until 
the expiration of their terms of office, or until the Le¬ 
gislature shall otherwise direct. 

13. This Constitution shall be in force from and in 
eluding the first day of January, one thousand eight 
hundred and forty-seven, except as is herein otherwise 
provided. 

Done, In Convention, at the Capitol, in the city of Al¬ 
bany, the ninth day of October, in the year one thou¬ 
sand eight hundred and forty-six, and of the Indepen¬ 
dence of the United States of America the seventy-first. 

33* 


94 


CONSTITUTION OF NEW JERSEY. 


In witness whereof we have hereunto subscribed our 
names. 

JOHN TRACY, President, 

And Delegate from the County of Chenango 

James F. Starbuck, 

II. W. Strong, 

Fr. Seger, 

State of New-York, > 

Secretary’s Office, y 

I have compared the preceding with the original en¬ 
grossed Constitution deposited in this office on the ninth 
day of October, 1846, and Do Certify, that the same is 
a correct transcript therefrom, and of the whole of said 
original. 


Secretaries . 


******* Given under my hand and seal of office at 
*L. S.t the City of Albany, the tenth day of October, 
******* j n ffi e y ear 0 f our Lord one thousand eight 
hundred and forty-six. 

N. S. BENTON, 

Secretary of State . 


CONSTITUTION OF NEW JERSEY. 


We, the people of the State of New Jersey, grateful to 
Almighty God for the civil and religious liberty which 
He hath so long permitted us to enjoy, and looking to 
Him for a blessing upon our endeavors to secure and 



CONSTITUTION OF NEW JERSEY. 


9b 


transmit the same unimpaired to succeeding generations, 
do ordain and establish this Constitution. 

Article 1. 

Rights and Privileges. 

1. All men are by nature free and independent, and 
have certain natural and unalienable rights, among which 
are those of enjoying and defending life and liberty, ac¬ 
quiring, possessing, and protecting property, and of 
pursuing and obtaining safety and happiness. 

2. All political power is inherent in the people. 

Government is instituted for the protection, security 

and benefit of the people, and they have the right, at all 
times to alter or reform the same, whenever the public 
good may require it. 

3. No person shall be deprived of the inestimable 
privilege of worshipping Almighty God in a manner 
agreeable to the dictates of his own conscience, nor under 
any pretence, whatever, be compelled to attend any 
place of worship contrary to his faith and judgment; 
nor shall any person be obliged to pay tithes, taxes, 
or other rates for building or repairing any church or 
churches, place or places of worship, or for the main- 
tainance of any minister or ministry, contrary to what 
he believes to be right, or has deliberately and voluntari¬ 
ly engaged to perform. 

4. There shall be no establishment of one religious 
sect in preference to another. No religious test shall be 
required as a qualification for any office or public trust; 
and no person shall be denied the enjoyment of any civil 
right merely on account of his religious principles. 

5. Every person 'may freely speak, write, and pub¬ 
lish his sentiments on all subjects, being responsible for 
the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech or of the 
press. 

In all prosecutions or indictments for libel, the truth 
may be given in evidence to the jury ; and if it shall ap¬ 
pear to the jury that the matter charged as libellous is 
true, and was published with good motives, and for jus- 


96 


CONSTITUTION OF NEW JERSEY. 


tifiable ends, the party shall be acquitted; and the jury 
shall have the right to determine the law and the fact. 

6. The right of the people to be secure in their per¬ 
sons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no 
warrant shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the papers and things to be 
seized. 

7. The right of trial by jury, shall remain inviolate ; 
but the Legislature may authorize the trial of civil suits, 
when the matter in dispute does not exceed fifty dollars, 
by a jury of six men. 

8. Jn all criminal prosecutions, the accused shall have 
the right to a speedy and public trial, by an impartial 
jury; to be informed of the nature and cause of the ac¬ 
cusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining witnesses 
in his favor, and to have the assistance of counsel in his 
defence. 

9. No person shall be held to answer for a criminal 
offence, unless on the presentment or indictment of a 
grand jury, exceptin cases of impeachment, or in cases 
cognizable by justices of the peace, or arising in the 
army or navy, or in the militia, when in actual service in 
time of war or public danger. 

10. No person shall, after acquittal, be tried for the 
same offence. All persons shall, before conviction, be 
bailable by sufficient sureties, except for capital offences, 
when the proof is evident or presumption great. 

11. The privilege of the writ of habeas corpus shall 
not be suspended, unless in case of rebellion or invasion 
the public safety may require it. 

12. The military shall be in strict subordination to the 
civil power. 

13. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in 
time of war, except in a manner prescribed by law. 

14. Treason against the State, shall consist only in 
levying war against it, or in adhering to its enemies, 
giving them aid and comfort. No person shall be con- 


CONSTITUTION OF NEW JERSEY. 


97 


victed of treason, unless on the testimony of two witness¬ 
es to the same overt act, or on confession in open court. 

15. Excessive bail shall not be required, excessive 
fines shall not be imposed, and cruel and unusual pun¬ 
ishments shall not be inflicted. 

16. Private property shall not be taken for public use 
without just compensation ; but land may be taken for 
public highways as heretofore, until the Legislature shall 
direct compensation to be made. 

17. No person shall be imprisoned for debt in any- 
action, or on any judgment founded upon contract, unless 
in cases of fraud ; nor shall any person be imprisoned for 
a militia fine, in time of peace. 

18. The people have the right freely to assemble 
together, to consult for the common good, to make 
known their opinions to their representatives, and to peti¬ 
tion for redress of grievances. 

19. This enumeration of rights and privileges shall 
not be construed to impair or deny others retained by 
the people. 


Article 2. 

Right of Suffrage. 

1. Every white male citizen of the United States, of 
the age of twenty-one years, who shall have been a resi¬ 
dent of this State one year, and of the county in which 
he claims his vote five months next before the election, 
shall be entitled to vote for all officers that now' are, or 
hereafter may be elective by the people ; provided, that 
no per-son in the military, naval, or marine service of the 
United States shall be considered a resident in this State, 
by being stationed in any garrison, barrack, or military 
or naval place or station within this State ; and no pauper, 
idiot, insane person, or person convicted of a crime 
which now excludes him from being a witness, unless 
pardoned or restored by law to the right of suffrage, shall 
enjoy the right of an elector. 

2. The Legislature may pass laws to deprive persons 
of the right of suffrage, who shall be convicted of bribery 
ttt elections. 


98 


CONSTITUTION OF NEW JERSEY. 


Article 3. 

Distribution of the Powers of Government. 

1. The powers of the government shall be divided 
into three distinct departments,—the Legislative, Execu¬ 
tive, and Judicial; and no person or persons belonging 
to, or constituting one of these departments, shall exer¬ 
cise any of the powers properly belonging to either of 
the others, except as herein expressly provided. 

Article 4. 

Legislative. 

Sec. I.—1. The legislative power shall be vested in 
a Senate and General Assembly. 

2. No person shall be a member of the Senate, who 
shall not have attained the age of thirty years, and have 
been a citizen and inhabitant of the State for four years, 
and of the county for which he shall be chosen one year, 
next before his election ; and no person shall be a mem¬ 
ber of the General Assembly, who shall not have attained 
the age of twenty-one years, and have been a citizen and 
inhabitant of the State for two years, and of the county 
for which he shall be chosen one year, next before his 
election; provided, that no person shall be eligible as a 
member of either house of the Legislature, who shall 
not be entitled to the right of suffrage. 

3. Members of the Senate and General Assembly 
shall be elected yearly, and every year, on the second 
Tuesday of October; and the two houses shall meet 
seperately on the second Tuesday in January next, 
after the said day of election, at which time of meeting, 
the legislative year shall commence; but the time of 
holding such election may be altered by the Legislature. 

Sec. II.— 1. The Senate shall be composed of one 
senator from each county in the state, elected by the 
legal voters of the counties, respectively, for three years. 

2. As soon as the Senate shall meet, after the first 
election to be held in pursuance of this Constitution, they 
•hall be divided, as equally as may be, into three classes 
The seats of the senators of the first class shall be vaca 
ted at the expiration of the first year; of the second 


CONSTITUTION OF NEW JERSEY. 


09 


class, at the expiration of the second year; and of the 
third class, at the expiration of the third year; so that 
one class may be elected every year; and if vacancies 
happen, by resignation or otherwise, the persons elect¬ 
ed to supply such vacancies, shall be elected for the 
unexpired terms only. 

Sec. Ill—1. The General Assembly shall be composed 
of members annually elected by the legal voters of the 
counties, respectively, who shall be apportioned among 
the said counties, as nearly as may be, according to the 
number of their inhabitants. The present apportionment 
shall continue until the next census of the United States 
shall have been taken, and an apportionment of members 
of the General Assembly shall be made by the Legisla¬ 
ture, at its first session after the next and every subse 
quent enumeration or census, and when made, shall 
remain unaltered until another enumeration shall have 
been taken ; provided, that each county shall at all 
times be entitled to one member; and the whole num¬ 
ber of members shall never exceed sixty. 

Sec. IV.—1. Each house shall direct writs of election 
for supplying vacancies, occasioned by death, resignation, 
or otherwise; but if vacancies occur during the recess 
of the Legislature, the writs may be issued by the Govern¬ 
or, under such regulations as may be prescribed by law. 

2. Each house shall be the judge of the elections, re¬ 
turns, and qualifications of its own members, and a 
majority of each shall constitute a quorum to do busi¬ 
ness ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penal¬ 
ties as each house may provide. 

j 3. Each house shall choose its own officers, deter¬ 
mine the rules of its proceeding, punish its members for 
disorderly behaviour, and, with the concurrence of two- 
thirds, may expel a member. 

; 4. Each house shall keep a journal of its proceedings, 

and from time to time publish the same; and the yeas 
and nays of the members of either house, on any ques¬ 
tion, shall, at the desire of one-fifth of those present, be 
entered on the journal. 


100 CONSTITUTION OF NEW JERSEY. 

5. Neither house, during the session of the Legisla. 
ture, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

G. All bills and joint resolutions shall be read three 
times in each house, before the final passage thereof, 
and no bill or joint resolution shall pass, unless there be 
a majority of all the members of each body personally 
present, and agreeing thereto; and the yeas and nays of 
members voting on such final passage shall be entered 
on the journal. 

7. Members of the Senate and General Assembly 
shall receive a compensation for their services, to be as¬ 
certained by law, and paid out of the Treasury of the 
State ; which compensation shall not exceed the sum of 
three dollars per day, for the period of forty days from 
the commencement of the session ; and shall not exceed 
the sum of one dollar and fifty cents per day for the re¬ 
mainder of the session. When convened in extra ses¬ 
sion by the Governor, they shall receive such sum 
as shall be fixed for the first forty days of the ordinary 
session. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and re¬ 
turning from their place of meeting, on the most usual 
route. The president of the Senate and the speaker of 
the House of Assembly, shall, in virtue of their offices, 
receive an additional compensation, equal to one third 
of their per diem allowance as members. 

8. Members of the Senate and of the General Assem¬ 
bly, shall, in all cases except treason, felony, and breach 
of peace, be privileged from arrest during their attend¬ 
ance at the sitting of their respective houses, and in going 
to and returning from the same : and for any speech or 
debate, in either house, they shall not be questioned in 
any other place. 

Sec. V.—1. No member of the Senate or General 
Assembly shall, during the time for which he was elect¬ 
ed, be nominated or appointed by the Governor, or by 
the Legislature in joint meeting, to any civil office under 
the authority of this State which shall have been created, 
or the emoluments whereof shall have been increased, 
during such time. 


CONSTITUTION OF NEW JERSEY. 101 

2. If any member of the Senate or General Assembly 
shall be elected to represent this State in the Senate or 
House of Representatives of the United States, and shall 
accept thereof, or shall accept of any office or appoint¬ 
ment under the government of the United States, his seat 
ill the Legislature of this State shall thereby be vacated. 

3. No justice of the Supreme Court, nor judge of any 
other court, sheriff, justice of the peace, nor any person 
or persons possessed of any office of profit under the 
government of this State, shall be entitled to a seat either 
in the Senate or in the General Assembly ; but, on being 
elected and taking his seat, his office shall be considered 
vacant; and no person holding any office of profit under 
the government of the United States shall be entitled to 
a seat in either house. 

Sec. VI. — I. All bills for raising revenue shall origi¬ 
nate in the House of Assembly ; but the Senate may pro¬ 
pose or concur with amendments, as on other bills. 

2. No money shall be drawn from the treasury, but 
for appropriations made by law. 

3. The credit of the State shall not be directly or in¬ 
directly loaned in any case. 

4. The Legislature shall not, in any manner, create 
any debt or debts, liability or liabilities, of the State, 
which shall singly, or in the aggregate with any previous 
debts or liabilities, at any time exceed one hundred thou¬ 
sand dollars, except for purposes of war, or to repel 
invasion, or to suppress insurrection, unless the same 
ffiall be authorized by a law for some single object or 
tvork, to be distinctly specified therein : which law shall 
provide the ways and means, exclusive of loans, to pay 
the interest of such debt or liability as it falls due, and 
also, to pay and discharge the principal of such debt or 
liability within thirty-five years from the time of the con¬ 
tracting thereof, and shall be irrepealable until such 
debt or liability, and the interest thereon, are fully paid 
and discharged ; and no such law shall take effect until 
it shall, at a general election, have been submitted to the 
people, and have received the sanction of a majority of all 
the votes cast for and against it at such election ; and all 
money to be raised by the authority of su*h law shall be 


102 


CONSTITUTION OF NEW JERSEY. 


applied only to the specific object stated therein, and la 
the payment of the debt thereby created. This section 
shall not be construed to refer to any money that has 
been, or may be deposited with this State, by the govern¬ 
ment of the United States. 

Sec. VII.—1. No divorce shall be granted by the 
Legislature. 

2. No lotteiy shall be authorized by this State ; and 
no tickets in any lottery not authorized by a law of this 
Slate, shall be bought or sold within the State. 

3. The Legislature shall not pass any bill of attainder, 
ex post facto law, or law impairing the obligation of con 
tracts, or depriving a party of any remedy for enforcing 
a contract, which existed when the contract w r as made. 

4. To avoid improper influences which may resultfrom 
intermixing in one and the same act, such things as have 
no proper relation to each other, every law shall embrace 
but one object, and that shall be expressed in the title. 

5. The laws of this state shall begin in the following 

o o 

style : “ Be it enacted by the Senate and General As¬ 
sembly of the State of New Jersey.” 

6. The fund for the support of free schools, and all 
money, stock, and other property, which may hereafter 
be appropriated for that purpose, or received into the 
treasury under the provision of any law heretofore passed 
to augment the said fund, shall be securely invested, and 
remain a perpetual fund ; and the income thereof, except 
so much as it may be judged expedient to apply to an 
increase of the capital, shall be annually appropriated to 
the support of public schools, for the equal benefi t of all 
the people of the State; and it shall not be competent 
for the Legislature to borrow, appropriate, or use the 
said fund, or any part thereof, for any other purpose, un¬ 
der any pretence whatever. 

7. No private or special law shall be passed, authori¬ 
zing the sale of any lands belonging in whole or in part 
to a minor or minors, or other persons who may at the 
time be under any legal disability to act for themselves. 

8 The assent of three-fifths of the members elected 
to each house shall be requisite to the passage ol every 
-aw for granting, continuing, altering, amending, or re- 


CONSTITUTION OF NEW JERSEY. 


103 


newing charters for banks, or money corporations ; and 
all such charters shall be limited to a term not exceeding 
twenty years. 

9. Individuals, or private corporations shall not bo 
authorized to take private property for public use, with 
out just compensation first made to the owners. 

10. The Legislature may vest in the Circuit Courts, 
or Courts of Common Pleas, within the several counties 
of this State, Chancery powers, so far as relates to the 
foreclosure of mortgages, and sale of mortgaged premises. 

Sec. VIII.— 1. Members of the Legislature shall, be¬ 
fore they enter on the duties of their respective offices, 
take and subscribe the following oath or affirmation: 

“ I do solemnly swear, (or affirm, as the case may be,) 
that I will support the constitution of the United States, 
and the constitution of the State of New Jersey, and that 
I will faithfully discharge the duties of senator (or mem¬ 
ber of the General Assembly, as the case may be,) ac¬ 
cording to the best of my ability.” 

And members elect of the Senate or General Assembly, 
are hereby empowered to administer to each other the 
said oath or affirmation. 

A RTICLE 5. 

Executive . 

1. The executive power shall be vested in a Governor. 

2. The Governor shall be elected by the legal voters 
of the State. The person having the highest number of 
votes shall be the Governor; but if two or more shall be 
equal, and highest in votes, one of them shall be chosen 
Governor by the votes of the majority of the members of 
both houses in joint meeting. Contested elections for 
the office of Governor shall be determined in such man¬ 
ner as the Legislature shall direct by law. When a 
Governor is to be elected by the people, such election 
shall be held at the time when, and at the places where the 
people shall respectively vote for members of the 
Legislature. 

3. The Governor shall hold his office for three years, 
to commence on the third Tuesday of January next en¬ 
suing the election for Governor by the people, and <o end 


104 


CONSTITUTION OF NEW JERSEY. 


on the Monday preceding the third Tuesday of January, 
three years thereafter ; and he sliali be incapable of hold¬ 
ing that office for three years next after his term of ser¬ 
vice shall have expired ; and no appointment or nomina¬ 
tion to office shall be made by the Governor during the 
last week of his said term. 

4. The Governor shall be not less than thirty years ol 
age, and shall have been for twenty years, at least, a 
citizen of the United States, and a resident of this State 
seven years next before his election, unless he shall 
hive been absent during that time, on the public business 
of the United States, or of this State. 

5. The Governor shall, at stated times, receive for his 
services a compensation which shall be neither increased 
nor diminished during the period for which he shall have 
been elected. 

6. He shall be the commander-in-chief of all the military 
and naval forces of the State; he shall have power to 
convene the Legislature, whenever, in his opinion, pub¬ 
lic necessity requires it; he shall communicate, by mes¬ 
sage, to the Legislature at the opening of each session, 
and at such other times as he may deem necessary, the 
condition of the State, and recommend such measures as 
he may deem expedient; he shall take care that the laws 
be faithfully executed, and grant, under the great seal of 
the State, commissions to all such officers as shall be re¬ 
quired to be commissioned. 

7. Every bill which shall have passed both houses, 
shall be presented to the Governor: if he approve, he 
shall sign it, but if not, he shall return it, with his ob¬ 
jections, to the house in which it shall have originated, 
who shall enter the objections at large on their journal, 
and proceed to re-consider it; if, after such re-considera¬ 
tion, a majority of the whole number of that house shall 
agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by whom it shall likewise 
be re-considered, and if approved of by a majority of the 
whole number of that house, it shall become a law ; but 
in neither house shall the vote be taken on the same day 
on which the bill shall be returned to it: and in all such 
eases the votes of both houses shall be determined by yeas 


CONSTITUTION OF NEW JERSEY. 


105 


tnd nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
house respectively. If any bill shall not be returned by 
the Governor, within five days (Sundays excepted) after 
it shall have been presented to hirn, the same shall be a 
law, in like manner as if he had signed it, unless the 
Legislature, by their adjournment, prevent its return, in 
which case it shall not be a law. 

8. No member of Congress, or person holding an of¬ 
fice under the United States, or this State, shall exercise 
the office of Governor; and in case the Governor, or per¬ 
son administering the government, shall accept any of¬ 
fice under the United States, or this State, his office of 
Governor shall thereupon be vacant. 

9. The Governor, or person administering the govern¬ 
ment, shall have power to suspend the collection of fines 
and forfeitures, and to grant reprieves, to extend until the 
expiration of a time not exceeding ninety days after con¬ 
viction; but this power shall not extend to cases of im¬ 
peachment. 

10. The Governor, or person administering the 
government, the Chancellor, and the six judges of the 
Court of Errors and Appeals, or a major part of them, 
of whom the Governor, or person administering the gov¬ 
ernment shall be one, may remit fines and forfeitures, 
and grant pardons after conviction, in all cases except 
impeachment. 

11. The Governor, and all other civil officers under 
this State shall be liable to impeachment for misdemean¬ 
or in office, during their continuance in office, and for 
two years thereafter. 

12. In case of the death, resignation, or removal from 
office of the Governor, the powers, duties, and emolu 
ments of the office shall devolve upon the President of 
the Senate ; and in case of his death, resignation, or re¬ 
moval, then upon the Speaker of the House of Assem¬ 
bly, for the time being, until another Governor shall be 
elected and qualified ; but in such case, another Governor 
shall be chosen at the next election for members of the 
State Legislature, unless death, resignation, or removal 
shall occur within thirty days immediately preceding such 

34* 


106 


CONSTITUTION OF NEW JERSEY, 


next election, in which case a Governor shall be chosen 
at the second succeeding election for members of the 
Legislature. When a vacancy happens, during the re¬ 
cess of the Legislature, in any office which is to be filled 
by the Governor and Senate, or by the Legislature in 
joint meeting, the Governor shall fill such vacancy, and 
the commission shall expire at the end of the next ses¬ 
sion of the Legislature, unless a successor shall be sooner 
appointed : when a vacancy happens in the office of clerk 
or surrogate of any county, the Governor shall fill such 
vacancy, and the commission shall expire when a suc¬ 
cessor is elected and qualified. 

13. In case of the impeachment of the Governor, his 
absence from the State, or inability to discharge the du¬ 
ties of his office, the powers, duties, and emoluments of 
the office shall devolve upon the President of the Senate; 
and in case of his death, resignation, or removal, then 
upon the Speaker of the House of Assembly for the time 
being, until the Governor, absent or impeached, shall re¬ 
turn or be acquitted, or until the disqualification or inabili¬ 
ty shall cease, or until a new Governor be elected and 
qualified. 

14. In case of a vacancy in the office of Governor, 
from any other cause than those herein enumerated, or 
in case of the death of the Governor elect, before he is 
qualified into office, the powers, duties, and emoluments 
of the office shall devolve upon the President of the 
Senate, or Speaker of the House of Assembly, as above 
provided for, until anew Governor be elected and qualified. 

Article VI. 

Judiciary . 

Sec. I.—1. The judicial power shall be vested in a 
Court of Errors and Appeals, in the last resort in all 
causes, as heretofore; a Court for the trial of Impeach¬ 
ments ; a Court of Chancery; a Prerogative Court; a Su¬ 
preme Court; Circuit Courts, and such inferior Courts as 
how exist, and as may be hereafter ordained and estab¬ 
lished by law ; which inferior Courts the Legislature may 
alter or abolish, as the public good shall require. 

Sec. II.—1. The Court of Errors and Appeals shall 


CONSTITUTION* OF NEW JERSEY. 


107 


consist of the Chance’lor, the justice of the Supreme 
Court, and six judges, or a major part of them ; which 
judges are to be appointed for six years. 

2. Immediately after the Court shall first assemble, the 
six judges shall arrange themselves in such manner that 
the seat of one of thjm shall be vacated every year, 
in order that thereafter one judge may be annually ap¬ 
pointed. 

3. Such of the six judges as shall attend the Court 
shall receive, respectively, a per diem compensation, to 
be provided by law. 

4. The Secretary of State shall be the clerk of this Court. 

6. When an appeal from an order or decree shall be 

heard, the Chancellor shall inform the Court, in writing, 
of the reasons for his order or decree ; but he shall not 
sit as a member, or have a voice in the hearing or final 
sentence. 

6. When a writ of error shall be brought, no justice 
who has given a judicial opinion in the cause, in favor 
of or against any error complained of, shall sit as a mem¬ 
ber, or have a voice on the hearing, or for its affirmance 
or reversal ; but the reasons for such opinion shall be 
assigned to the court in writing. 

Sec. 111.—1. The House of Assembly shall have the 
sole power of impeaching, by a vote of a majority of all 
the members ; and all impeachments shall be tried by the 
Senate : the members, when sitting for that purpose, to 
be on oath or affirmation “ truly and impartially to try 
and determine the charge in question according to evi¬ 
dence:” and no person shall be convicted without the 
concurrence of two-thirds of all the members of the Se 
nate. 

2. Any judicial officer impeached shall be suspended 
from exercising his office until his acquittal. 

3. Judgment, in cases of impeachment shall not ex¬ 
tend farther than to removal from office and to disquali¬ 
fication to hold and enjoy any office of honor, profit, or 
trust under this State; but the party convicted shall never¬ 
theless be liable to indictment, trial, and punishment, 
according to law. 

4. The Secretary of State shall be the clerk of this Court 


108 


CONSTITUTION OF NEW JERSEY. 


Sec. IV.—1. The Court of Chancery shall consist 
of a Chancellor. 

2. The Chancellor shall be the ordinary, or surrogate 
general, and judge of the Prerogative Court. 

3. All persons aggrieved by any order, sentence, or 
decree of the Orphans’ Court may appeal from the same, 
or from any part thereof, to the Prerogative Court; but 
such order, sentence, or decree shall not be removed into 
the Supreme Court, or Circuit Court, if the subject matter 
thereof be within the jurisdiction of the Orphans’ Court. 

4. The Secretary of State shall be the register of the 
Prerogative Court, and shall perform the duties required 
of him by law in that respect. 

Sec. V.—1. The Supreme Court shall consist of a 
chief justice and four associate justices. The number of 
associate justices may be increased or decreased by law, 
but shall never be less than two. 

2. The Circuit Courts shall be held in every county 
of this State, by one or more of the justices of the Su¬ 
preme Court, or a judge appointed for that purpose ; and 
shall in all cases within the county, except in those of 
a criminal nature, have common law jurisdiction concur¬ 
rent with the Supreme Court; and any final judgment 
of a Circuit Court may be docketed in the Supreme 
Court, and shall operate as a judgment obtained in the 
Supreme Court, from the time of such docketing. 

3. Final judgments in any Circuit Court may be 
brought, by writ of error, into the Supreme Court, or 
directly into the Court of Errors and Appeals. 

Sec. VI.—1. There shall be no more than five judges 
of the inferior Court of Common Pleas in each of the 
counties in this State after the terms of the judges of said 
court now in ofiice shall terminate. One judge for each 
county shall be appointed every year, and no more, ex¬ 
cept to fill vacancies, which shall be for the unexpired 
term only. 

2. The commissions for the first appointments of 
judges of said Court shall bear date and take effect on the 
first day of April next; and all subsequent commissions 
forjudges of said Court shall bear date and take effect on 
the first day of April in every successive year, except 


CONSTITUTION OF NEW JERSEY. 109 

commissions to fill vacancies, which shall bear date and 
take effect when issued. 

Sec. VII.—1. There may be elected under this Consti¬ 
tution t^o, and not more than five, justices of the peace in 
each of die townships of the several counties of this state, 
and in each of the wards, in cities that may vote in 
wards. When a township or ward contains two thou¬ 
sand inhabitants, or less, it may have two justices ; when 
it contains more than two thousand inhabitants, and not 
more than four thousand, it may have four justices ; 
and when it contains more than four thousand inhabi¬ 
tants, it may have five justices; provided, that whenever 
any township, not voting in wards, contains more than 
seven thousand inhabitants, such township may have an 
additional justice for each additional three thousand in¬ 
habitants above four thousand. 

2. The population of the townships in the several 
counties of the State and of the several wards shall be 
ascertained by the last preceding census of the United 
States, until the Legislature shall provide by law some 
other mode of ascertaining it. 

Article VII. 

*Appointing Power and Tenure of Office. 

Sec. I.— Militia Officers. —1. The Legislature shall 
provide by law for enrolling, organizing, and arming the 
militia. 

2. Captains, subalterns, and non-commissioned officers 
shall be elected by the members of their respective com¬ 
panies. 

3. Field officers of regiments, independent battallions, 
and squadrons shall be elected by the commissioned offi¬ 
cers of their respective regiments, battallions, or squadrons. 

4. Brigadier generals shall be elected by the field offi¬ 
cers of their respective brigades. 

5. Major generals shall be nominated by the Govern¬ 
or, and appointed by him, with the advice and consent 
of the Senate. 

6. The Legislature shall provide by law, the time and 
manner of electing militia officers, and of certifying their 
elections to the Governor, who shall grant their commis* 

8 * 


110 


CONSTITUTION OF NEW JERSEY. 


sions and determine their rank, when not determined by 
law : and no commissioned officer shall be removed from 
office but by the sentence a court martial, pursuant to 
law. 

7. In case the electors of subalterns, captains, or field 
officer*, should refuse or neglect to make such elections, 
the Governor shall have power to appoint such officers, 
and to fill all vacancies caused by such refusal or neglect. 

8. Brigade inspectors shall be chosen by the field offi¬ 
cers of their respective brigades. 

9. The Governor shall appoint the adjutant general, 
quarter master general, and all other militia officers 
whose appointment is not otherwise provided for in this 
Constitution. 

10. Major generals, brigadier generals, and command¬ 
ing officers of regiments, independent battallions, and 
squadrons shall appoint the staff officers of their divisions, 
brigades, regiments, independent battallions, and squad¬ 
rons, respectively. 

Sec. II. —Civil Officers. —1. Justices of the Su¬ 
preme Court, Chancellor, and judges of the Court of 
Errors and Appeals, shall be nominated by the Governor, 
and appointed by him, with the advice and consent of 
the Senate.—The justices of the Supreme Court and 
Chancellor shall hold their offices for the term of seven 
years ; shall, at stated times, receive for their services a 
compensation, which shall not be diminished during the 
term of their appointments ; and they shall hold no othei 
office under the government of this State, or of the 
United States. 

2. Judges of the Courts of Common Pleas shall be ap 
pointed by the Senate and General Assembly, in joint 
meeting. They shall hold their offices for five years ; 
but when appointed to fill vacancies, they shall hold for 
the unexpired term only. 

3. The State Treasurer and the keeper and inspectors 
of the State prison shall be appointed by the Senate and 
General Assembly, in joint meeting. They shall hold 
their offices for one year, and until their successors shall 
be qualified into office. 

4. The Attorney General, prosecutors of the Pleas, 


CONSTITUTION OF NEW JERSEY. Ill 

clerk of the Supreme Court, clerk of the Court of Chan¬ 
cery, and Secretary of State, shall be nominated by the 
Governor, and appointed by him, with the advice and con¬ 
sent of the Senate. They shall hold their offices for 
five years. 

5. The law reporter shall be appointed by the justices 
of the Supreme Court, or a majority of them ; and the 
chancery reporter shall be appointed by the Chancellor. 
They shall hold their oflices for five years. 

6. Clerks and surrogates of counties shall be elected by 
the* people of their respective counties, at the annual 
elections for members of the General Assembly, they 
shall hold their offices for five years. 

7. Sheriffs and coroners shall be elected annually, by 
the people of their respective counties, at the annual 
elections for members of the General Assembly.—They 
may be re-elected until they shall have served three 
years, but no longer; after which, three years must 
elapse before they can be again capable of serving. 

8. Justices of the peace shall be elected, by ballot, at 
the annual meetings of the townships in the several 
counties of the State, and of the wards in cities that may 
vote in wards, in such manner, and under such regula¬ 
tions as may be hereafter provided by law. They shall 
be commissioned for the county, and their commissions 
shall bear date, and take effect on the first day of May 
next after their election. They shall hold their offices 
for five years ;—but when elected to fill vacancies, they 
shall hold for the unexpired term only; provided, that 
the commission of any justice of the peace shall become 
vacant upon his ceasing to reside in the township in 
which he was elected. The first election for justices of 
the peace shall take place at the next annual town meet¬ 
ings of the townships of the several counties of the State, 
and of the wards in cities that may vote in wards. 

9. All other officers, whose appointments are not 
otherwise provided for by law, shall be nominated by 
the Governor, and appointed by him, with the advice 
and consent of the Senate; and shall hold their office* 
for the time prescribed by law. 

10. All civil officers elected or appointed pursuant to 


112 


CONSTITUTION OF NEW JERSEY. 


the provisions of this Constitution shall be commissioned 
by the Governor. 

11. The term of office of all officers elected or ap¬ 
pointed pursuant to the provisions of this Constitution, 
except when herein otherwise directed, shall commence 
on the day of the date of their respective commissions ; 
but no commission for any office shall bear date prior to 
the expiration of the term of the incumbent of said office 

Article VIII. 

General Provision. 

1. The Secretary of State shall be ex-officio an audi¬ 
tor of the accounts of the Treasurer, and, as such, it shall 
be his duty to assist the Legislature in the annual ex¬ 
amination and settlement of said accounts, until otherwise 
provided by law. 

2. The seal of the State shall be kept by the Governor, 
or person administering the government, and used by him 
officially, and shall be called the Great Seal of the State 
of New Jersey. 

3. All grants and commissions shall be in the name 
and by the authority of the State of New Jersey, sealed 
with the great seal, signed by the Governor or person 
administering the government, and countersigned by the 
Secretary of State, and shall run thus: “ The State of 

New Jersey to-, greeting.” All writs shall be 

in the name of the State ; and all indictments shall con¬ 
clude in the following manner, viz.: “ against the peace 
of this State, the government and dignity of the same.” 

4. This Constitution shall take effect and go into 
operation on the second day of September, in the year 
of our Lord one thousand eight hundred and forty-four. 

Article IX. 

Amendments . 

1. Any specific amendment or amendments to the 
Constitution may be proposed in the Senate or General 
Assembly, and if the same shall be agreed to by a ma¬ 
jority of the members elected to each of the two houses, 
such proposed amendment or amendments shall be enter¬ 
ed on their journals, with the yeas and nays taken there- 



CONSTITUTION 0* NEW JERSEY. 113 

on, and referred to the Legislature then next to be 
chosen, and shall be published, for three months previous 
to making such choice, in at least one newspaper of each 
county, if any be published therein ; and if in the Legis¬ 
lature next chosen, as aforesaid, such proposed amend¬ 
ment or amendments, or any of them, shall be agreed to 
by a majority of all the members elected to each house, 
then it shall be the duty of the Legislature to submit such 
proposed amendment or amendments, or such of them 
as may have been agreed to as aforesaid, by the two 
Legislatures to the people, in such manner and at such 
time, at least four months after the adjournment of the 
Legislature as the Legislature shall prescribe : and if the 
people, at a special election to be held for that purpose 
only, shall approve and ratify such amendment or amend¬ 
ments, or any of them, by a majority of the electors 
qualified to vote for members of the Legislature voting 
thereon, such amendment or amendments, so approved 
and ratified, shall become part of the Constitution ; pro¬ 
vided, that if more than one amendment be submitted, 
they shall be submitted in such manner and form that the 
people may vote for or against each amendment sepa¬ 
rately ami distinctly; but no amendment or amendments 
shall be submitted to the people by the Legislature ofieir 
er than once in five years. 

Article X. 

Schedule. 

That no inconvenience may arise from the change in 
the Constitution of this State, and in order to carry the 
same into complete operation, it is hereby declared and 
ordained, that— 

1. The common law and statute laws now in force, 
not repugnant to this Constitution, shall remain in force 
until they expire by their own limitation, or be altered 
or repealed by the Legislature; and all writs, actions, 
causes of action, prosecutions, contracts, claims, and 
rights of individuals, and of bodies corporate, and of the 
State, and all charters of incorporation shall continue, 
and all indictments which shall have been found, or 
which may hereafter be found, for any crime or offence 
36 


114 


CONSTITUTION OF NEW JERSEY. 


committed before the adoption of this Constitution, may 
be proceeded upon as if no change had taken place. 
The several courts of law and equity, except as herein 
otherwise provided, shall continue with the like powers 
and jurisdiction as if this Constitution had not been 
adopted. 

2. All officers now filling any office or appointment, 
shall continue in the exercise of the duties thereof, ac¬ 
cording to their respective commissions or appointments, 
unless, by this Constitution it is otherwise directed. 

3. The present Governor, Chancellor, and Ordinary 
or Surrogate General, and Treasurer, shall continue in 
office until successors elected or appointed under this 
Constitution shall be sworn into office. 

4. In case of the death, resignation, or disability of 
the present Governor, the person who may be Vice Pre¬ 
sident of Council at the time of the adoption of this con¬ 
stitution shall continue in office, and administer the 
government, until a Governor shall have been elected 
and sworn or affirmed into office under this Constitu¬ 
tion. 

5. The present Governor, or in case of his death, or 
inability to act, the Vice President of Council, together 
with the present members of the Legislative Council and 
Secretary of State shall constitute a board of State can¬ 
vassers, in the manner now provided by law, for the 
purpose of ascertaining and declaring the result of 
the next ensuing election for Governor, members of the 
House of Representatives, and electors of President and 
Vice President. 

6. The returns of the votes for Governor, at the said 
next ensuing election shall be transmitted to the Secre¬ 
tary of Suite, the votes counted, and the election de¬ 
clared, in the manner now provided by law in the 
case of the election of electors of President and Vice 
President. 

7. The election of clerks and surrogates in those 
counties where the term of office of the present incum¬ 
bents shall expire previous to the general election of 
eighteen hundred and forty-five, shall be held at the 
general election next ensuing the adoption of this Con- 


CONSTITUTION OF NEW JERSEY. 


115 


stitution ; theiesult of which election shall be ascertain¬ 
ed in the manner now provided by law for the election 
of sheriffs. 

8. The elections for the year eighteen hundred and 
forty-four shall take place as now provided by law. 

9. It shall be the duty of the Governor to fill all va¬ 
cancies in office happening between the adoption of this 
Constitution and the first session of the Senate, and not 
otherwise provided for; and the commissions shall 
expire at the end of the first session of the Senate, or 
when successors shall be elected, or appointed and 
qualified. 

10. The restriction of the pay of members of the 
Legislature, after forty days from the commencement of 
the session, shall not be applied to the first Legislature 
convened under this Constitution. 

11. Clerks of counties shall be clerks of the inferior 
Courts of Common Pleas and Quarter-Sessions of the 
several counties, and perform the duties, and be subject 
to the regulations, now required of them by law, until 
otherwise ordained by the Legislature. 

12. The Legislature shall pass all laws necessary to 
carry into effect the provisions of this Constitution. 

Done in convention at the State House, in Trenton, 
on the twenty-ninth day of June, in the year of our Lord 
one thousand eight hundred and forty-four, and of the 
Independence of the United States of America the sixty- 
eighth. ALEXANDER WURTS, 

, President of the Convention. 

William Patterson, Secretary. 

Tii. J. Saunders, Assistant Secretary. 


CONSTITUTION OF PENNSYLVANIA. 
Article 1. 

Sec. 1. The legislative power of this commonwealth 
shall be vested in a general Assembly, which shall con¬ 
sist in a Senate, and House of Representatives. 



116 CONSTITUTION OF PENNSYLVANIA. 

2. The representatives shall be chosen annually, by the 
citizens of the city of Philadelphia, and of each county 
respectively, on the second Tuesday of October. 

3. No person shall be a representative who shall not 
have attained the age of twenty-one years, and have been 
a citizen and inhabitant of the State three years next pre¬ 
ceding his election, and the last year thereof an inhabitant 
of the district in and for which he shall be chosen a re¬ 
presentative, unless he shall have been absent on the pub¬ 
lic business of the United States or of this State. 

4. Within three years after the first meeting of the 
general Assembly, and within every subsequent term 
of seven years, an enumeration of the taxable inhabi¬ 
tants shall be made in such manner as shall be di¬ 
rected by law. The number of representatives shall at 
the several periods of making such enumeration, be fixed 
by the legislature, and apportioned among the city of 
Philadelphia and the several counties, according to the 
number of taxable inhabitants in each : and shall never 
be less than sixty nor greater than one hundred. Each 
county shall have at least one representative, but no 
county hereafter erected shall be entitled to a separate re¬ 
presentation until a sufficient number of taxable inhabi¬ 
tants shall be contained within it, to entitle them to one 
representative, agreeably to the ratio which shall then be 
established. 

5. The senators shall be chosen for three years by the 
citizens of Philadelphia and of the several counties, at 
the same time, in the same manner, and at the same places 
where they shall vote for representatives. 

6. The number of senators shall, at the several periods 
of making the enumeration before mentioned, be fixed by 
the legislature, and apportioned among the districts form¬ 
ed as hereinafter directed, according to the number of 
taxable inhabitants in each ; and shall never be less than 
one-fourth, nor greater than one-third, of the number of re¬ 
presentatives. 

7. ’ The senators shall be chosen in districts, to be so form¬ 
ed by the legislature ; but no district shall be so formed as to 
entitle it to elect more than two senators, unless the num¬ 
ber of taxable inhabitants in any city or county shall, at 


CONSTITUTION OF PENNSYLVANIA. ]17 

nny time, be such as to entitle it to elect more than two 
but no city or county shall be entitled to elect more than 
four senators; when a district shall be composed of two 
or more counties, they shall be adjoining; neither the 
city of Philadelphia nor any county shall be divided in 
forming a district. 

8. No person shall be a senator who shall not have at¬ 
tained the age of twenty-five years, and have been a citi¬ 
zen and inhabitant of the State four years next before his 
election, and the last year thereof an inhabitant of the dis¬ 
trict for which he shall be chosen, unless he shall have 
been absent on the public business of the United States 
or of this State; and no person elected as aforesaid shall 
hold said office after he shall have removed from such 
district. 

9. The senators who may be elected at the first gene¬ 
ral election after the adoption of the amendments to the 
Constitution, shall be divided by lot into three classes. 
The seats of the senators of the first class shall be vaca¬ 
ted at the expiration of the first year; of the second class 
at the expiration of the second year; and of the third 
class at the expiration of the third year; so that thereafter 
one-third of the whole number of senators may be chosen 
every year. The senators elected before the amendments 
to the Constitution shall be adopted shall hold their 
offices during the terms for which they shall respectively 
have been elected. 

10. The general Assembly shall meet on the first 
Tuesday of January, in every year, unless sooner con¬ 
vened by the governor. 

11. Each House shall choose its speaker and other 
officers; and the Senate shall also choose a speaker pro 
tempore, when the speaker shall exercise the office of 
Governor. 

12. Each House shall judge of the qua&ficationa*©f its 
members. Contested elections shall be determined by a 
committee to be selected, formed and regulated in such 
manner as shall be directed by law. A majority of each 
House shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and may 
be authorized by law to compel the attendance of absent 

35 * 


113 


CONSTITUTION - OF PENNSYLVANIA. 


members, in such manner and under such penalties a* 
may be provided. 

13. Each House may determine the rules of its pro* 
ceedings, punish its members for disorderly behavior, 
and with the concurrence of two-thirds, expel a member, 
but not a second time for the same cause ; and shall have 
all other powers necessary for a branch of the legislature 
of a free State. 

14. The legislature shall not have power to enact laws 
annulling the contract of marriage in any case where, by 
law, the courts of this commonwealth are, or hereafter 
may be, empowered to decree a divorce. 

15. Each House shall keep a journal of its proceed¬ 
ings, and publish them weekly, except such parts as 
may require secrecy: and the yeas and nays of the mem¬ 
bers on any question shall, at the desire of any two of 
them, be entered on ihe journals. 

16 . The doors of each House and of committees of the 
whole shall be open, unless when the business shall be 
such as ought to be kept secret. 

17. Neither House shall, without the consent of the 
other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

18. The senators and representatives shall receive a 
compensation for their services to be ascertained by law, 
and paid out of the treasury of the commonwealth. They 
shall in all cases, except treason, felony, and breach or 
surety of the peace, be privileged from arrest during their 
attendance at the session of their respective Houses, and 
in going to and returning from the same. And for any 
speech or debate in either House, they shall not be ques¬ 
tioned in any other place. 

19. No senator or representative shall, during the time 
for which he shall have been elected, be appointed to any 
civil office under this commonwealth which shall have 
been created, or the emoluments of which shall have been 
increased during such time ; and no member of Congress 
or other person holding any office, (except of attorney at 
law and in the militia) under the United States or this 
commonwealth, shall be a member of either House du« 
ring his continuance in Congress or in office 


CONSTITUTION OF PENNSYLVANIA. 


110 


20. When vacancies happen in either House, the 
speaker shall issue writs of election to fill such vacancies. 

21. All bills for raising revenue shall originate in the 
House of Representatives, hut the Senate may propose 
amendments as in other bills. 

22. No money shall be drawn from the treasury but ia 
consequence of appropriations made bv law. 

23. Every bill which shall have passed both Houses 
shall be presented to the Governor. If he approve, he 
shall sign it, but if he shall not approve, he shall return it 
with his objections to the House in which it shall have 
originated, who shall enter the objections atlarge upon their 
journals, and proceed to reconsider it. If, after such ^con¬ 
sideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent with the objections to the other House, 
by which likewise itshall be reconsidered, and if approved 
by two-thirds of that House,it shall bealaw. But in such 
cases the voles of both Houses shall he determined by yeas 
and nays, and the names of the persons voting for or against 
the bill shall he entered on the journals of each House re¬ 
spectively. If any bill shall not be returned by the Go¬ 
vernor within ten days (Sundays excepted) after it shal. 
have been presented to him, it shall be a law in like 
manner as if he had signed it, unless the general As¬ 
sembly, by their adjournment., prevented Jts return, in 
which case it shall be a law, unless sent back within three 
days after their next meeting. 

24. Every order, resolution or vote, to which the con¬ 
currence of both Houses may be necessary (except on a 
question of adjournment) shall he presented to the Go¬ 
vernor, and before it shall take effect, be approved by 
him, or being disapproved, shall he repassed by two- 
thirds of both Houses according to the rules and limita¬ 
tions prescribed in case of a bill. 

25. No corporate body shall he hereafter created, re¬ 
newed or extended with hanking or discounting privi¬ 
leges, without six months’ previous public notice of the 
intended application for the same in such manner as shall 
be prescribed by law. Nor shall any charter for the pur¬ 
poses aforesaid, be granted lor a longer period than twen¬ 
ty years, and every such charier shall contain a clause re 


CONSTITUTION OF PENNSYLVANIA. 


120 

serving to the legislature the power to alter, revoke or 
annul the same, whenever in their opinion it may be in¬ 
jurious to the citizens of the common wealth, in such, man¬ 
ner, however, that no injustice shall he done to the cor¬ 
porators. No law hereafter enacted, shall create, renew, 
or extend the charter of more than one corporation. 

Aktici.e 2. 

Sec. 1 . The supreme executive power of this com¬ 
monwealth shall be vested in a Governor. 

2. The Governor shall be chosen on the second Tues¬ 
day of October, by the citizens of the commonwealth, at 
the places where they shall respectively vote for repre¬ 
sentatives. The returns of every election for Governor 
shall be sealed up and transmitted to the scat of govern¬ 
ment, directed to the speaker of the Senate, who shall 
open and publish them in the presence of the members of 
both Houses of the legislature. The person having the 
highest number of votes shall be Governor. But if two 
or more shall be equal and highest in votes, one of them 
shall be chosen Governor by the joint vote of the mem¬ 
bers of both Houses. Contested elections shall be de¬ 
termined by a committee to be selected from both Houses 
of the legislature, and formed and regulated in such man¬ 
ner as shall be directed by law. 

3. The Governor shall hold his office during three 
years from the third Tuesday of January next ensuing 
his election, and shall not be capable of holding it longer 
than six in any term of nine years. 

4. He ^\all be frt least thirty years of age, and have 
been a citizen an<t jWi inl^l^tqnLof this Stete seven year? 
next before his election; unless he shall have been^ab* 
sent on the public business of the United States, or of 
this State. 

5. No member of'Cijmgress or person holding anyof* -• 
fice under the United States, or this State, shall exercisfi,; 
the office of Governor. 

G. The Governor shall at stated times receive for his 
services a compensation, which shall be neither increased 
nor diminished during the period for which he shall have 
been elected. 


CONSTITUTION OF PENNSYLVANIA. 


121 


7. He shall be commander-in-chief of the Army and 
Navy of this commonwealth, and of the militia, except 
when they shall be called into the actual service of the 
United States. 

8. He shall appoint a secretary of the commonwealth 
during pleasure, and he shall nominate, and by and with 
the advice and consent of the Senate, appoint all judicial 
officers of courts of record, unless otherwise provided for 
in this Constitution. He shall have power to fill all va¬ 
cancies that may happen in such judicial offices during 
the recess of the Senate, by granting commissions which 
shall expire at the end of their next session : Provided, 
that in acting on executive nominations the Senate shall 
sit with open doors, and in confirming or rejecting the 
nominations of the Governor, the vote shall be taken by 
yeas and nays. 

9. He shall have power to remit fines and forfeitures, 
and grant reprieves and pardons, except in cases of im¬ 
peachment. 

10. He may require information in writing, from tbe 
officers in the executive department, on any subject re¬ 
lating to the duties of their respective offices. 

11. He shall, from time to time, give to the general 
Assembly information of the state of the commonwealth, 
and recommend to their consideration such measures as 
he shall judge expedient. 

12. He may, on extraordinary occasions, convene the 
general Assembly ; and in case of disagreement between 
the two Houses, with respect to the time of adjournment, 
adjourn them to such time as he shall think proper, not 
exceeding four months. 

13. He shall take care that the laws be faithfully exe- 
cu ted. 

14. In case of the death or resignation of the Cover 
nor, or his removal from office, the speaker of the Senate 
shall exercise the office of Governor, until another Govcr. 
nor shall be duly qualified ; but in such case another Gove*, 
nor shall be chosen at the next annual election of repro^ 
f^entatives, unless such death, resignation, or removal, 
shall occur within three calendar months immediately pre¬ 
ceding such next annual election, in which case a Governoi 

© 


122 CONSTITUTION OF PENNSYLVANIA. 

shall be chosen at the second succeeding annual election 
of representatives. And if the trial of a contested elec¬ 
tion shall continue longer than until the third Monday of 
January next ensuing the election of Governor, the Go¬ 
vernor of the last year, or the speaker of the Senate who 
may be in the exercise of the executive authority, shall 
continue therein until the determination of such contested 
election, and until a Governor shall be duly qualified as 
aforesaid. 

15. The secretary of the commonwealth shall keep a 
fair register of all the official acts and proceedings of the 
Governor, and shall, when required, lay the same and 
all papers, minutes and vouchers relative thereto, before 
either branch of the legislature, and shall perform such 
>ther duties as shall be enjoined him by law. 

Article 3. 

Sec. 1. In elections by the citizens, every white free¬ 
man of the age of tw'enty-one years, having resided in 
this State one year, and in the election district where he 
offers to vote, ten days immediately preceding such elec¬ 
tion, and within two years paid a State or county tax, 
which shall have been assessed at least ten days before 
the election, shall enjoy the rights of an elector. But a 
citizen of the United States, who had previously been a 
qualified voter of this State, and removed therefrom and 
returned, and who shall have resided in the election dis¬ 
trict, and paid taxes as aforesaid, shall be entitled to vote, 
after residing in the State six months : Provided, that 
white freemen, citizens of the United States, between the 
ages of twenty-one and twenty-two years, and having re¬ 
sided in the State one year, and in the election district 
ten days as aforesaid, shall be entitled to vote, although 
they shall not have paid taxes. 

2. All elections shall be by ballot, except those by per¬ 
sons in their representative capacities, who shall vote 
viva voce. 

3. Electors shall in all cases, except treason, felony, 
and breach of surety of the peace, be privileged from ar¬ 
rest during their attendance on elections, and in going to 
and returning from them. 


CONSTITUTION OF PENNSYLVANIA. 


123 


Article 4. 

Sec. 1 . The House of Representatives shall have the 
sole power of impeaching. 

2. All impeachments shall be tried by the Senate *. 
when sitting for that purpose, the senators shall be upon 
oath or affirmation. No person shall be convicted, with¬ 
out the concurrence of two-thirds of the members present. 

3. The Governor, and all other civil officers under 
this commonwealth, shall be liable to impeachment for 
any misdemeanor in office ; but judgment, in such cases, 
shall not extend further than to removal from office, and 
disqualification to hold any office of honor, trust, or pro¬ 
fit, under this commonwealth: the party, whether con¬ 
victed or acquitted, shall, nevertheless, be liable to in¬ 
dictment, trial, judgment and punishment, according to 
law. 


Article 5. 

Sec. 1 . The judicial power of this commonwealth 
shall be vested in a supreme court, in courts of oyer and 
terminer and general jail delivery, in a court of common 
pleas, orphans’ court, register’s court, and a court of 
quarter sessions of the peace, for each county; in jus¬ 
tices of the peace, and in such other courts as the legisla¬ 
ture may, from time to time establish. 

2. The judges of the supreme court, of the several 
courts of common pleas, and of such other courts of re¬ 
cord as are or shall be established by law, shall be nomina¬ 
ted by the Governor, and by and with the consent of the 
Senate appointed and commissioned by him. The 
judges of the supreme court shall hold their offices for 
the term of fifteen years, if they shall so long behave 
themselves well. The president judges of the several 
courts of common pleas, and of such other courts of record 
as are or shall be established by law, and all other judges 
required to be learned in the law, shall hold their offices 
for the term of ten years, if they shall so long behave 
themselves well. The associate judges of the courts of 
common pleas shall hold their offices for the term of five 
years, if they shall so long behave themselves well. But 
(o/ any reasonable cause, which shall not be sufficient 


124 


CONSTITUTION OF PENNSYLVANIA. 


ground of impeachment, the Governor may remove any 
of them on the address of two-thirds of each branch of 
the legislature. The judges of the supreme court, and 
the presidents of the several courts of common pleas, 
shall at stated times receive for their services an adequate 
compensation to be fixed by law, which shall not be di¬ 
minished during their continuance in office; but they 
shall receive no fees or perquisites of office, nor hold any 
other office of profit under this commonwealth. 

3. Until otherwise directed by law, the courts of com¬ 
mon pleas shall continue as at present established. Not 
more than five counties shall at any time be included ill 
one judicial district organized for said courts. 

4. The jurisdiction of the supreme court shall extend 
over the State ; and the judges thereof shall, by virtue of 
their offices, be justices of oyer and terminer and general 
jail delivery, in the several counties. 

5. The judges of the court of common pleas, in each 
county, shall, by virtue of their offices, be justices of oyer 
and terminer and general jail delivery, for the trial of 
capital and other offenders therein; any two of said 
judges, the president being one, shall be a quorum; but 
they shall not hold a court of oyer and terminer, or jail 
delivery, in any county, when the judges of the supreme 
court, or any of them shall be sitting in the same county 
The party accused, as well as the commonwealth, may, 
under such regulations as shall be prescribed by law, re¬ 
move the indictment and proceedings, or a transcript 
thereof, into the supreme court. 

6. The supreme court, and the several courts of com¬ 
mon pleas, shall, beside the powers heretofore usually 
exercised by them, have the powers of a court of chance¬ 
ry, so far as relates to the perpetuating of testimony, the 
obtaining of evidence from places not within the State, 
and the care of the persons and estates of those who are 
non compotes mentis. And the legislature shall vest in 
the said courts such other powers to grant relief in equity, 
as shall be found necessary ; and may, from time to time, 
enlarge or diminish those powers or vest them in sueH 
other courts as they shall judge proper, for the due 
ministration of justice. 


CONSTITUTION OF PENNSYLVANIA. 


125 


7. The judges of the court of common pleas of each 
county, any two of whom shall be a quorum, shall com¬ 
pose the court of quarter sessions of the peace, and or¬ 
phans’ court thereof; and the register of wills, together 
with the said judges, or any two of them, shall compose 
the register’s court of each county. 

8. The judges of the courts of common pleas shall, 
within their respective counties, have like powers with 
the judges of the supreme court, to issue writs of certio¬ 
rari to the justices of the peace, and to cause their pro¬ 
ceedings to be brought before them, and the like right 
and justice to be done. 

9. The president of the court in each circuit within 
such circuit, and the judges of the court of common pleas 
within their respective counties, shall be justices of the 
peace, so far as relates to criminal matters. 

10. A register’s office, for the probate of wills and 
granting letters of administration, and an office for the re¬ 
cording of deeds, shall be kept in each county. 

11. The style of all process shall be “ The Common¬ 
wealth of Pennsylvania.” All prosecutions shall be car¬ 
ried on in the name and by the authority of the common¬ 
wealth of Pennsylvania, and conclude, “ against the peace 
and dignity of the same.” 

Article 6. 

Sec. 1. Sheriffs and coroners shall, at the times and 
places of election of representatives, be chosen by the 
citizens of each county. One person shall be chosen for 
each office, who shall be commissioned by the Governor. 
They shall hold their offices for three years, if they shall 
so long behave themselves well, and until a successor be 
duly qualified ; but no person shall be twice chosen or 
appointed sheriff in any term of six years. Vacancies in 
either of the said offices shall be filled by an appointment, 
to be made by the Governor, to continue until the next 
general election, and until a successor shall be chosen and 
qualified as aforesaid. 

2. The freemen of this commonwealth shall be armed, 
organized, and disciplined for its defence, when and in 
such manner as may be directed by law Those w r ho 
36 


126 CONSTITUTION OF PENNSYLVANIA. 

conscientiously scruple to bear arms, shall not be com¬ 
pelled to do so, but shall pay an equivalent for personal 
service. 

3. Prothonotaries of the supreme court shall be ap 
pointed by the said court for the term of three years, if 
they so long behave themselves well. Prothonotaries 
and elerks of the several other courts, recorders of deeds, 
and registers of wills, shall at the times and places of 
election of representatives, be elected by the qualified 
electors of each county, or the districts over which the 
jurisdiction of said courts extends, and shall be commis- 

'oned by the governor. They shall hold their offices 
lor three years, if they shall so long behave themselves 
well, and until their successors shall be duly qualified. 
The legislature shall provide by law the number of per¬ 
sons in each county who shall hold said offices, and how 
many and which of said offices shall be held by one per¬ 
son. Vacancies in any of the said offices shall be filled 
by appointments to be made by the Governor, to con¬ 
tinue until the next general election, and until successors 
shall be elected and qualified as aforesaid. 

4. Prothonotaries, clerks of the peace and orphans* 
courts, recorders of deeds, registers of wills, and sheriffs, 
shall keep their offices in the county town of the county 
in which they, respectively, shall be officers, unless when 
the Governor shall, for special reasons, dispense therewith, 
for any term not exceeding five years after the county 
shall have been erected. 

5. All commissions shall be in the name and by the 
authority of the commonwealth of Pennsylvania, and be 
sealed with the state seal, and signed by the Governor. 

6. A state treasurer shall be elected annually, by joint 
vote of both branches of the legislature. 

7. Justices of the peace or aldermen, shall be elected 
in the several wards, boroughs and townships, at the time 
of the election of constables by the qualified voters thereof, 
in such number as shall be directed by law, and shall be 
commissioned by the Governor for a term of five years. 
But no township, ward or borough, shall elect more than 
two justices of the peace or aldermen without the consent 


CONSTITUTION OF PENNSYLVANIA. 127 

n{ % majority of the qualified electors within such town¬ 
ship, ward or borough. 

8. All officers whose election or appointment s nut 
provided lor in this constitution, shall be elected or ap¬ 
pointed as shall be directed by law. No person shall be 
appointed xo any office within any county who shall not 
have been a citizen and an inhabitant therein one year 
next before hxs appointment, if the county shall have been 
so long erected; but if it shall not have been so long 
erected, then within the limits of the county or counties 
out of which a shall have been taken. No member of 
Congress from uns state, or any person holding or exer¬ 
cising any office ur appointment of trust or profit under 
the United States, shall at the same time hold or exercise 
any office in this State, to which a salary is, or fees or 
perquisites are, by law, annexed ; and the legislature may 
by law declare what state offices are incompatible. No 
member of the Senate or of the House of Representatives 
shall be appointed by the Governor to any office during 
the term for which he shall have been elected. 

9. All officers for a term of years shall hold their offices 
for the terms respectively specified, only on the condition 
that they so long behave themselves well; and shall be 
removed on conviction of misbehaviour in office or of any 
infamous crime. 

10. Any person who shall, after the adoption of the 
amendments proposed by this Convention to the Consti¬ 
tution, fight a duel, or send a challenge for that purpose, 
or be aider or abettor in fighting a duel, shall be deprived 
of the right of holding any office of honor or profit in 
this S*ate, and shall be punished otherwise in such man¬ 
ner as is, or may be prescribed by law; but the executive 
may remit the said offence and all its disqualifications. 

Article 7. 

Sec. 1. The legislature shall, as soon as conveniently 
may be, provide, by law, for the establishment of schools 
throughout the State, in such manner that the pool may 
be taught gratis. 

2. The arts and sciences shall be promoted in one or 
more seminaries of learning. 


128 


CONSTITUTION OF PENNSYLVANIA. 


3. The rights, privileges, immunities and estates of 
religious societies and corporate bodies, shall remain as 
if the Constitution of this State had not been altered 01 
amended. 

4. The legislature shall not invest any corporate body 
or individual with the privilege of taking private property 
for public use, without requiring such corporation or in¬ 
dividual to make compensation to the owners of said pro¬ 
perty, or give adequate security therefor, before such pro¬ 
perty shall be taken. 


Article 8. 

Members of the general Assembly and all officers, ex¬ 
ecutive and judicial, shall be bound by oath or affirmation 
to support the Constitution of this commonwealth, and 
to perform the duties of their respective offices with 
fidelity. 

Article 9. 

That the general , great and essential principles of liberty and 
free government may be recognized and unalterably established , 

toe declare: 

1. That all men are born equally free and independent, 
and have certain inherent and indefeasible rights, among 
which are those of enjoying and defending life and liberty, 
of acquiring, possessing, and protecting property and 
reputation, and of pursuing their own happiness. 

2. That all power is inherent in the people, and all 
free governments are founded on their authority, and in¬ 
stituted for their peace, safety, and happiness: For the 
advancement of those ends, they have, at all times, an 
unalienable and indefeasible right to alter, reform, or 
abolish their government, in such manner as they may 
think proper 

3. That all men have a natural and indefeasible right 
to worship Almighty God according to the dictates of 
their own consciences ; that no man can, of right, be com¬ 
pelled to attend, erect, or support any place of worship, 
or to maintain any ministry against his consent; that no 
human authority can, in any case whatever, control o* 
interfere with the rights of conscience; and that no pre- 


CONSTITUTION OF PENNSYLVANIA. 


129 


ference shall ever be given, by law, to any religious 
establishments or modes of worship. 

4. That no person who acknowledges the being of a 
God and a ft*‘are state of rewards and punishments, shall, 
on account of his religious sentiments, be disqualified to 
hold any office or place of trust or profit under this com¬ 
monwealth. 

5. That elections shall be free and equal. 

6. That trial by jury shall be as heretofore, and the 
right thereof remain inviolate. 

7. That the printing presses shall be free to every per¬ 
son who undertakes to examine the proceedings of the 
legislature or any branch of government: and no law shall 
ever be made to restrain the right thereof. The free 
communication of thoughts and opinions is one of the 
invaluable rights of man; and every citizen may freely 
speak, write and print on any subject, being responsible 
for the abuse of that liberty. In prosecutions for the 
publication of papers, investigating the official conduct of 
officers, or men in a public capacity, or where the matter 
published is proper for public information, the truth there¬ 
of may be given in evidence; and, in all indictments for 
libels, the jury shall have a right to determine the law 
and the facts, under the direction of the court, as in other 
cases. 

8. That the people shall be secure in their persons, 
houses, papers and possessions, from unreasonable 
searches and seizures; and that no warrant to search any 
place, or to seize any person or things, shall issue with¬ 
out describing them as nearly as may be, nor without 
probable cause, supported by oath or affirmation. 

9. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to demand 
the nature and cause of the accusation against him, to 
meet the witnesses face to face, to have compulsory pro¬ 
cess for obtaining witnesses in his favor, and in prosecu¬ 
tions by indictment or information, a speedy trial by an 
impartial jury of the vicinage: that he cannot be compel¬ 
led to give evidence against himself, nor can he be de- 
prived°of his life, liberty or property, unless by the judg 
men*, of his peers or the law of the land. 

36* 


130 CONSTITUTION OF PENNSYLVANIA. 

10. lhat no person shall, for any indictable offence, 
be proceeded against criminally by information ; except 
in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger; 
or by leave of the court for oppression and misdemeanor 
in office. No person shall for the same offence be twice 
put in jeopardy of life or limb ; nor shall any man’s pro¬ 
perty be taken, or applied to public use, without the consent 
of his representatives, and without just compensation be¬ 
ing made. 

11. That all courts shall be open, and every man for 
an injury done him in his lands, goods, person or repu¬ 
tation, shall have remedy by the due course of law, and 
right and justice administered without sale, denial or de¬ 
lay. Suits may be brought against the commonwealth 
in such manner, in such courts, and in such'cases, as the 
legislature may, by law, direct. 

12. That no power of suspending laws shall be exer¬ 
cised, unless by the legislature, or its authority. 

13. That excessive bail shall not be required, nor ex¬ 
cessive fines imposed, nor cruel punishments inflicted. 

14. That all prisoners shall be bailable by sufficient 
sureties, unless for capital offences, when the proof is 
evident or presumption great: and the privilege of the 
writ of habeas corpus shall not be suspended, unless 
when, in cases of rebellion or invasion, the public safety 
may require it. 

15. That no commission of oyer and terminer or jail 
delivery shall be issued. 

16. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in 
prison after delivering up his estate for the benefit of his 
creditors in such manner as shall be prescribed by law. 

17. That no ex pout facto law, nor any law impairing 
contracts, shall be made. 

18. That no person shall be attainted of treason or felo¬ 
ny by the legislature. 

19. That no attainder shall work corruption of blood ; 
nor, except during the life of the offender, forfeiture of 
estate to the commonwealth : that the estates of such per¬ 
sons as shall destroy their own lives, shall descend or 


CONSTITUTION OF PENNSYLVANIA. 


131 


vest as in case of natural death ; and if any person shall 
be killed by casualty, there shall be no forfeiture by reason 
thereof. 

20. That the citizens have a right, in a peaceful man¬ 
ner, to assemble together for their common good, and to 
apply to those invested with the powers of government 
for redress of grievances, or other proper purposes, by 
petition, redress, or remonstrance. 

21. That the right of the citizens to bear arms, in de¬ 
fence of themselves and the State, shall not be questioned. 

22. That no standing army shall, in time of peace, be 
kept up, without the consent of the legislature ; and the 
military shall, in all cases, and at all times, be in strict 
subordination to the civil power. 

23. That no soldier shall, in time of peace, be quarter¬ 
ed in any house, without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law. 

24. That the legislature shall not grant any title of no¬ 
bility or hereditary distinction, nor create any office the 
appointment to which shall be for a longer term than du¬ 
ring good behaviour. 

25. That emigration from the State shall not be pro¬ 
hibited. 

26. To guard against transgressions of the high pow¬ 
ers which we have delegated, we declare, that every 
thing in this article is excepted out of the general powers 
of government, and shall forever remain inviolate. 

Article 10. 

Any amendment or amendments to this Constitution may 
be proposed in the Senate or House of Representatives, 
and if the same shall be agreed to by a majority of the 
members elected to each house, such proposed amend¬ 
ment or amendments shall be entered on their journals, 
i with the yeas and nays taken thereon, and the secretary 
of the commonwealth shall cause the same to be publish¬ 
ed three months before the next election, in at least one 
newspaper in every county in which a newspaper shall 
be published ; and if in the legislature next afterwards 
chosen, such proposed amendment or amendments shall 
be agreed to by a majority of the members elected to 


132 CONSTITUTION OF PENNSYLVANIA. 

each House, the secretary of the commonwealth shall 
cause the same again to be published in manner aforesaid, 
and such proposed amendment or amendments shall be 
submitted to the people iti such manner and at such time, 
at least three months after being so agreed to by the two 
Houses, as the legislature shall prescribe; and if the peo¬ 
ple shall approve and ratify such amendment or amend¬ 
ments by a majority of the qualified voters of this State 
voting thereon, such amendment or amendments shall 
become a part of the Constitution, but no amendment or 
amendments shall be submitted to the people oftener than 
once in five years: Provided, that if more than one 
amendment be submitted, they shall be submitted in such 
manner and form, that the people may vote for or against 
each amendment separately and distinctly. 


SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments of the constitution of this commonwealth , 
and in order to carry the same into complete operation , 
it is hereby declared and ordained , that: 

1. All laws of this commonwealth in force at the time 
when the said alterations and amendments in the said con¬ 
stitution shall take effect, and not inconsistent therewith, 
and all rights, prosecutions, actions, claims, and contracts, as 
well of individuals as of bodies corporate, shall continue as if 
the said alterations and amendments had not been made. 

2. The alterations and amendments in the said consti¬ 
tution shall take effect from the first day of January, 
eighteen hundred and thirty-nine. 

3. The clauses, sections, and articles of the said consti¬ 
tution which remain unaltered shall continue to be con¬ 
strued and have effect as if the said constitution had not 
been amended. 

4. The general assembly which shall convene in De¬ 
cember, eighteen hundred and thirty-eight, shall continue 
its session, as heretofore, notwithstanding the provision in 


CONSTITUTION OF PENNSYLVANIA. 133 

the eleventh section of the first article, and shall at all 
times be regarded as the first general assembly under the 
amended constitution. 

5. The governor who shall be elected in October, 
eighteen hundred and thirty-eight, shall be inaugurated 
on the third Tuesday in January, eighteen hundred and 
thirty-nine; to which time the present executive term is 
hereby extended. 

6. The commissions of the judges of the supreme court 
who may be in office on the first day of January next 
shall expire in the following manner:—The commission 
which bears the earliest date shall expire on the first day 
of January, anno domini one thousand eight hundred and 
forty-two: the commission next dated shall expire on the 
first day of January, anno domini one thousand eight 
hundred and forty-five: the commission next dated shall 
expire on the first day of January, anno domini one 
thousand eight hundred and forty-eight: the commission 
next dated shall expire on the first day of January, anno 
domini one thousand eight hundred and fifty-one : and the 
commission last dated shall expire on the first day of 
January, anno domini one thousand eight hundred and 
fifty-four. 

7. The commissions of the president judges of the 
several judicial districts, and of the associate law judges 
of the first judicial district, shall expire as follows:—The 
commissions of one-half of those who shall have held 
their offices ten years or more, at the adoption of the 
amendments to the constitution, shall expire on the 
twenty-seventh day of February, one thousand eight 
hundred and thirty-nine : the commission of the other 
half of those who shall have held their offices ten years 
or more, at the adoption of the amendments to the con¬ 
stitution, shall expire on the twenty-seventh day of Feb¬ 
ruary, one thousand eight hundred and forty-two: the 
first half to embrace those whose commissions shall bear 
the oldest date. The commissions of all the remaining 
judges who shall not have held their offices for ten years 
at the adoption of the amendments to the constitution, shall 
expire on the twenty-seventh day of February next after 
the end of ten years from the date of their commissions. 


134 


CONSTITUTION OF PENNSYLVANIA. 


8. The recorders of the several mayors’ courts, and 
other criminal courts in this commonwealth, shall be ap¬ 
pointed for the same time and in the same manner as the 
president judges of the several judicial districts : of those 
now in office, the commission oldest in date shall expire 
on the twenty-seventh day of February, one thousand 
eight hundred and forty-one, and the others every two 
years thereafter according to their respective dates: those 
oldest in date expiring first. 

9. The legislature, at its first session under the amended 
constitution, shall divide the other associate judges of the 
state into four classes. The commissions of those of the 
first class shall expire on the twenty-seventh day of Feb¬ 
ruary, eighteen hundred and forty: of those of the second 
class on the twenty-seventh day of February, eighteen 
hundred and forty-one : of those of the third class on the 
twenty-seventh day of February, eighteen hundred and 
forty-two : and of those of the fourth class, on the twenty- 
seventh day of February, eighteen hundred and forty- 
three. The said classes, from the first to the fourth, shall 
be arranged according to the seniority of the commissions 
of the several judges. 

10. Prothonotaries, clerks of the several courts, (except 
of the supreme court,) recorders of deeds, and registers 
of wills, shall be first elected under the amended consti¬ 
tution, at the election of representatives, in the year 
eighteen hundred and thirty-nine, in such manner as 
may be prescribed by law. 

11. The appointing power shall remain as heretofore, 
and all officers in the appointment of the executive de¬ 
partment shall continue in the exercise of the duties of 
their respective offices until the legislature shall pass such 
laws as may be required by the eighth section of the sixth 
article of the amended constitution, and until appoint¬ 
ments shall be made under such laws; unless their com¬ 
missions shall be superseded by new appointments, or shall 
sooner expire by their own limitations, or the said offices 
shall become vacant by death or resignation, and such 
laws shall be enacted by the first legislature under the 
amended constitution. 

12. The first election for aldermen and justices of the 


CONSTITUTION OF PENNSYLVANIA. 135 

peace shall be held in the year eighteen hundred and 
forty, at the time fixed for the election of constables. 
The legislature, at its first session under the amended 
constitution, shall provide for the said election, and for 
subsequent similar elections. The aldermen and justices 
of the peace now in commission, or who may in the in¬ 
terim be appointed, shall continue to discharge the duties 
of their respective offices until fifteen days after the day 
which shall be fixed by law for the issuing of new com¬ 
missions, at the expiration of which time their commis¬ 
sions shall expire. 

In testimony that the foregoing is the amended con¬ 
stitution of Pennsylvania, as agreed to in conven¬ 
tion, we, the officers and members of the convention, 
have hereunto signed our names, at Philadelphia, 
the twenty-second day of February, anno domini 
one thousand eight hundred and thirty-eight, and 
of the independence of the United States of Ame¬ 
rica the sixty-second. 

JOHN SERGEANT, President. 
(Attest) S. Schoch, Secretary. 

George L. Fauss, ) ± . Secretaries 
J. Williams, ) 


AMENDMENT TO ARTICLE 5, SECTION 2. 

ADOPTED IN 1850. 

The judges of the supreme court, of the several courts 
of common pleas, and of such other courts of record as 
are or shall be established by law, shall be elected by the 
qualified electors of the commonwealth in the manner 
following, to wit: The judges of the supreme court, by 
the qualified electors of the commonwealth at large. The 
president judges of the several courts of common pleas 
and of such other courts of record as are or shall be 
established by law, and all other judges required to be 
learned in the law, by the qualified electors of the re¬ 
spective districts over which they are to preside or act as 


136 CONSTITUTION OF PENNSYLVANIA. 

judges. And the associate judges of the courts of com¬ 
mon pleas by the qualified electors of the counties re¬ 
spectively. The judges of the supreme court shall hold 
their offices for the term of fifteen years, if they shall so 
long behave themselves well, (subject to the allotment 
hereinafter provided for, subsequent to the first election :) 
The president judges of the several courts of common 
pleas, and of such other courts of record as are or shall 
be established by law, and all other judges required to be 
learned in the law, shall hold their offices for the term of 
ten years, if they shall so long behave themselves well: 
The associate judges of the courts of common pleas shall 
hold their offices for the term of five years, if they shall 
so long behave themselves well: all of whom shall be 
commissioned by the governor, but for any reasonable 
cause which shall not be sufficient grounds of impeach¬ 
ment, the governor shall remove any of them on the 
address of two-thirds of each branch of the legislature. 
The first election shall take place at the general election 
of this commonwealth next after the adoption of this 
amendment, and the commissions of all the judges who 
may be then in office shall expire on the first Monday of 
December following, when the terms of the new judges 
shall commence. The persons who shall then be elected 
judges of the supreme court shall hold their offices as 
follows: one of them for three years, one for six years, 
one for nine years, one for twelve years, and one for fifteen 
years; the term of each to be decided by lot by the said 
judges, as soon after the election as convenient, and the 
result certified by them to the governor, that the commis¬ 
sions may be issued in accordance thereto. The judge 
whose commission will first expire shall be chief justice 
during his term, and thereafter each judge whose com¬ 
mission shall first expire shall in turn be the chief justice, 
and if two or more commissions shall expire on the same 
day, the judges holding them shall decide by lot which 
shall be the chief justice. Any vacancies happening by 
death, resignation, or otherwise, in any of the said courts, 
shall be filled by appointment by the governor, to continue 
till the first Monday of December succeeding the next 
general election. The judges of the supreme court and 


CONSTITUTION OF VIROINIA. 1ST 

the presidents of the several courts of common pleas shall, 
at stated times, receive for their services an adequate com¬ 
pensation, to be fixed by law, which shall not be diminished 
during their continuance in office, but they shall receive 
no fees or perquisites of office, nor hold any other office 
of profit under this commonwealth, or under the govern¬ 
ment of the United States, or any other state of this 
Union. The judges of the supreme court during their 
■continuance in office shall reside within this commonwealth, 
and other judges during their continuance in office shall 
reside within the district or county for which they were 
respectively elected. 


CONSTITUTION OF VIRGINIA, 

BILL OF RIGHTS. 

[Passed June 12, 1776.] 

ADOPTED WITHOUT ALTERATION BY THE CONVENTION OP 1829-30, 
AND READOPTED WITH AMENDMENTS BY ^HE CONVENTION OP 

1850-51. 

A Declaration of Rights made by the Representatives of 
the good people of Virginia, assembled in full and free 
Convention , which rights do pertain to them and their 
posterity as the basis and foundation of government . 

1. That all men are by nature equally free and inde¬ 
pendent, and have certain inherent rights, of which, when 
they enter into a state of society, they cannot, by any 
compact, deprive or divest their posterity; namely, the 
enjoyment of life and liberty, with the means of acquiring 
and possessing property, and pursuing and obtaining hap¬ 
piness and safety. 

2. That all power is vested in, and consequently derived 
from, the people; that magistrates are their trustees and 
servants, and at all times amenable to them. 

3. That government is, or ought to be, instituted for 
the common benefit, protection, and security of the peo¬ 
ple, nation, or community: of all the various modes and 

87 



138 


CONSTITUTION OF VIRGINIA. 


forms of government, that is best, which is capable of pro 
ducing the greatest degree of happiness and safety, and is 
most effectually secured against the danger of maladminis¬ 
tration ; and that, when any government shall be found 
inadequate or contrary to these purposes, a majority of 
the community hath an indubitable, unalienable, and inde* 
feasible right to reform, alter, or abolish it, in such manner 
as shall be judged most conducive to the public weal. 

4. That no man, or set of men, are entitled to exclu 
give or separate emoluments or privileges from the com¬ 
munity, but in consideration of public services; which 
not being descendible, neither ought the offices of ma¬ 
gistrate, legislator, or judge to be hereditary. 

5. That the legislative and executive powers of the 
State should be separate and distinct from the judiciary ; 
and that the members of the two first may be restrained 
from oppression, by feeling and participating the burthens 
of the people, they should, at fixed periods, be reduced to 
a private station, return into that body from which they 
were originally taken, and the vacancies be supplied by 
frequent, certain, and regular elections, in which all, or 
any part of the former members, to be again eligible, or 
ineligible, as the laws shall direct. 

6. That elections of members to serve as representa¬ 
tives of the people, in Assembly, ought to be free ; and 
that all men having sufficient evidence of permanent com¬ 
mon interest with, and attachment to, the community, 
have the right of suffrage, and cannotbe taxed or deprived 
of their property for public uses, without their own con¬ 
sent, or that of their representatives so elected, nor bound 
by any law to which they have not, in like manner as¬ 
sented, for the public good. 

7. That all power of suspending laws, or the execu¬ 
tion of laws, by any authority, without consent of the re¬ 
presentatives of the people, is injurious to their rights, 
and ought not to be exercised. 

8. That, in all capital or criminal prosecutions, a man 
hath a right to demand the cause and nature of his accu¬ 
sation, to be confronted with the accusers and witnesses, 
to call for evidence in his favor, and to a speedy trial by 
an impartial jury of his vicinage, without whose unani- 


CONSTITUTION OF VIRGINIA. 


139 


mous consent he cannot be found guilty; nor can he be com¬ 
pelled to give evidence against himself; that no man he 
deprived of his liberty except by the law of the land, or 
me judgment of his peers. 

9. That excessive bail ought not to be required, nor 
excessive fines imposed, nor cruel and unusual punish¬ 
ments inflicted. 

10. That general warrants, whereby an officer or mes¬ 
senger may be commanded to search suspected places 
without evidence of a fact committed, or to seize any per¬ 
son or persons not named, or whose offence is not par¬ 
ticularly described and supported by evidence, are griev¬ 
ous and oppressive, and ought not to be granted. 

11. That, in controversies respecting property, and in 
suits between man and man, the ancient trial by jury is 
preferable to any other, and ought to be held sacred. 

12. That the freedom of the press is one of the great 
bulwarks of liberty, and can never be restrained but by 
despotic governments. 

1 3. That a well regulated militia, composed of the body 
of the people, trained to arms, is the proper, natural, ami 
safe defence of a free State ; that standing armies, in time 
of peace, should be avoided, as dangerous to liberty ; and 
that, in all cases, the military should be under strict subor¬ 
dination to, and governed by, the civil power. 

14. That the people have a right to uniform govern 
ment; and, therefore, that no government, separate from, 
or independent of, the government of Virginia , ought to 
be erected or established within the limits thereof. 

15. That no free government, or the blessings of liber*' 
ty, can be preserved to any people, but by a firm adhe¬ 
rence to justice, moderation, temperance, frugality, and 
virtue, and by frequent recurrence to fundamental princi¬ 
ples. 

16. That religion, or the duty which we owe to our 
Creator, and the manner of discharging it, can be directed 
only by reason and conviction, not by force or violence; 
and therefore all men are equally entitled to the free ex¬ 
ercise of religion, according to the dictates of conscience, 
and that it is the mutual duty of all to practise Christian 
forbearance, love, and charity towards each other. 


140 


CONSTITUTION OF VIRGINIA. 


CONSTITUTION. 

Whereas, the delegates and representatives of the 
good people of Virginia, in convention assembled, on the 
twenty-ninth day of June, in the year of our Lord one 
thousand seven hundred and seventy-six: reciting and 
declaring, that whereas George the Third, king of Great 
Britain and Ireland and elector of Hanover, before that 
time intrusted with the exercise of the kingly office in 
the government of Virginia, had endeavored to pervert 
the same into a detestable and insupportable tyranny, by 
putting his negative on laws the most wholesome and ne¬ 
cessary for the public good; by denying his governors 
permission to pass laws of immediate and pressing im¬ 
portance, unless suspended in their operation for his assent, 
and when so suspended neglecting to attend to them for 
many years; by refusing to pass certain other laws, unless 
the persons to be benefited by them would relinquish the 
inestimable right of representation in the legislature; by 
dissolving legislative assemblies repeatedly and continually, 
for opposing with manly firmness his invasions of the rights 
of the people; when dissolved, by refusing to call others 
for a long space of time, thereby leaving the political 
system without any legislative head ; by endeavouring to 
prevent the population of our country, and for that 
purpose obstructing the laws for the naturalization of 
foreigners; by keeping among us, in time of peace, stand¬ 
ing armies and ships of war; by affecting to render the 
military independent of and superior to the civil power; 
by combining with others to subject us to a foreign juris¬ 
diction, giving his assent to their pretended acts of legis¬ 
lation ; for quartering large bodies of armed troops among 
us, for cutting off our trade with all parts of the world, 
for imposing taxes on us without our consent, for depriv¬ 
ing us of the benefit of the trial by jury, for transporting 
us beyond seas to be tried for pretended offences, for sus¬ 
pending our own legislatures and declaring themselves 
invested with power to legislate for us in all cases what¬ 
soever; by plundering our seas, ravaging our coasts, 
burning our towns, and destroying the lives of our 


CONSTITUTION OF VIRGINIA. 


141 


people; by inciting insurrections of our fellow-subjects 
with the allurements of forfeiture and confiscation; by 
prompting our negroes to rise in arms among us, those 
very negroes whom by an inhuman use of his negative he 
had refused us permission to exclude by law; by endea¬ 
vouring to bring on the inhabitants of our frontiers the 
merciless Indian savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes, and 
conditions of existence; by transporting hither a large 
army of foreign mercenaries, to complete the work of 
death, desolation, and tyranny, then already begun with 
circumstances of cruelty and perfidy, unworthy the head 
of a civilized nation; by answering our repeated petitions 
for redress with a repetition of injuries; and finally, by 
abandoning the helm of government, and declaring us out 
of his allegiance and protection; by which several acts 
of misrule, the government of this country, as before ex¬ 
ercised under the crown of Great Britain, was totally dis¬ 
solved : did, therefore, having maturely considered the 
premises, and viewing with great concern the deplorable 
condition to which this once happy country would be 
reduced, unless some regular adequate mode of civil polity 
should be speedily adopted, and in compliance with the 
recommendation of the general congress, ordain and de¬ 
clare a form of government of Virginia: 

And whereas, a convention held on the first Monday in 
October, in the year one thousand eight hundred and 
twenty-nine, did propose to the people of the common¬ 
wealth an amended constitution or form of government, 
which was ratified by them : 

And whereas, the general assembly of Virginia, by an 
act passed on the fourth of March, in the year one thou¬ 
sand eight hundred and fifty, did provide for the election, 
by the people, of delegates to meet in general convention, 
to consider, discuss, and propose a new constitution, or 
alterations and amendments to the existing constitution 
of this commonwealth; and by an act, passed on the 
thirteenth of March, in the year one thousand eight 
hundred and fifty-one, did further provide for submitting 
the same to the people, for ratification or rejection : 

We, therefore, the delegates of the good people of 
37* 


142 


CONSTITUTION OP VIRGINIA. 


Virginia, elected and in convention assembled, in pursu¬ 
ance of said acts, do propose to the people the following 
constitution and form of government for this common¬ 
wealth : 


Article 1. —Bill of Rights. 

The declaration of rights, as amended and prefixed to 
this constitution, shall have the same relation thereto as 
it had to the former constitution. 

Article 2. —Division of Powers. 

The legislative, executive, and judiciary departments 
shall be separate and distinct, so that neither exercise the 
powers properly belonging to either of the others; nor 
shall any person exercise the powers of more than one of 
them at the same time, except that justices of the peace 
shall be eligible to either house of assembly. 

Article 3. —Qualification of Voters. 

1. Every white male citizen of the commonwealth, of 
the age of twenty-one years, who has been a resident of the 
state for two years, and of the county, city, or town where 
he offers to vote for twelve months next preceding an 
election, and no other person, shall be qualified to vote 
for members of the general assembly aud all officers elect¬ 
ive by the people: but no person in the military, naval, 
or marine service of the United States shall be deemed a 
resident of this state, by reason of being stationed therein. 
And no person shall have the right to vote, who is of 
unsound mind, or a pauper, or a non-commissioned officer, 
soldier, seaman, or marine in the service of the United 
States, or who has been convicted of bribery in an election, 
or of any infamous offence. 

2. The general assembly at its first session after the 
adoption of this constitution, and afterwards as occasion 
may require, shall cause every city or town, the white 
population of which exceeds five thousand, to be laid off 
into convenient wards, and a separate place of voting to 
be established in each, and thereafter no inhabitant of 


CONSTITUTION OF VIRGINIA. 


143 


such city or town shall be allowed to vote exeept in the 
ward in which he resides. 

3. No voter during the time for holding any election 
at which he is entitled to vote, shall be compelled to per¬ 
form military service, except in time of war or publio 
danger; to work upon the public roads, or to attend any 
court as suitor, juror, or witness; and no voter shall be 
subject to arrest under any civil process during his attend¬ 
ance at elections, or in going to and returning from them. 

4. In all elections, votes shall be given openly, or viva, 
voce, and not by ballot. But dumb persons, entitled to 
suffrage, may vote by ballot. 

Article 4. —Legislative Department. 

1. The legislature shall be formed of two distinct 
branches, which together shall be a complete legislature 
and shall be called the general assembly of Virginia. 

HOUSE OF DELEGATES. 

2. One of these shall be called the house of delegates, 
and shall consist of one hundred and fifty-two members, 
to be chosen biennially for and by the several counties, 
cities, and towns of the commonwealth, and distributed 
and apportioned as follows: 

The counties of Atlgusta and Rockingham and the city 
of Richmond shall each elect three delegates: 

The counties of Albemarle, Bedford, Berkeley, Camp¬ 
bell, Fauquier, Franklin, Frederick, Halifax, Hampshire, 
Harrison, Jefferson, Kanawha, Loudoun, Marion, Monon¬ 
galia, Monroe, Norfolk, Pittsylvania, Preston, Roekbridge, 
Shenandoah, and Washington shall each eleet two delegates. 

The counties of Botetourt and Craig shall together eleet 
two delegates: 

The counties of Accomac, Alexandria, Amherst, Appo¬ 
mattox, Barbour, Brunswick, Buckingham, Cabell, Caro¬ 
line, Carroll, Charlotte, Chesterfield, Clarke, Culpepper, 
Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Gloucester, 
Goochland, Graysoin, Greenbrier, Hanover, Hardy, Hen¬ 
rico, Henry, Highland, Isle of Wight, Jackson, King 
William, Lee, Lewis, Louisa, Lunenberg, Madison, Mar- 


144 


CONSTITUTION OF VIRGINIA* 


shall, Mason, Mercer, Mecklenburg, Montgomery, Morgan, 
Nansemond, Nelson, Northampton, Page, Patrick, Pen¬ 
dleton, Pocahontas, Princess Anne, Prince Edward, Prince 
William, Pulaski, Putnam, Randolph, Rappahannock, 
Roanoke, Scott, Smyth, Southampton, Spottsylvania, 
Taylor, Upshur, Warren, Wayne, Wetzel, Wood, and 
Wythe, and the cities of Norfolk and Petersburg, shall 
each elect one delegate : 

The counties of Lee and Scott, in addition to the dele¬ 
gate to be elected by each, shall together elect one delegate. 

The following counties and cities shall compose election 
districts: Alleghany and Bath: Amelia and Nottoway: 
Logan, Boone, and Wyoming: Braxton and Nicholas : 
Charles City, James City, and New Kent: Cumberland 
and Powhatan: Doddridge and Tyler: Elizabeth City, 
Warwick, York, and the City of Williamsburg: Essex 
and King and Queen : Fayette and Raleigh : Gilmer and 
Wirt, Greene and Orange: Greenesville and Sussex : King 
George and Stafford: Lancaster and Northumberland : 
Mathews and Middlesex : Pleasants and Ritchie: Prince 
George and Surry: and Richmond and Westmoreland: 
each of which districts shall elect one delegate. 

At the first general election under this constitution the 
county of Ohio shall elect three delegates, and the counties 
of Brooke and Hancock shall together elect one delegate ; 
at the second general election the ‘county of Ohio shall 
elect two delegates, and the counties of Brooke and Han¬ 
cock shall each elect one delegate ; and so on, alternately, 
at succeeding general elections. 

At the first general election the county of Russell shall 
elect two delegates, and the county of Tazewell shall elect 
one delegate; at the second general election the county 
of Tazewell shall elect two delegates, and the county of 
Russell shall elect one delegate; and soon, alternately, 
at succeeding general elections. 

The general assembly shall have power upon application 
©f a majority of the voters of the county of Campbell to 
provide, that instead of the two delegates to be elected by 
tfaid county, the town of Lynchburg shall elect one dele¬ 
gate, and the residue of the county of Campbell shall 
elect one delegate. 


CONSTITUTION OF VIRGINIA. 


145 


3. The other house of the general assembly shall be 
called the senate, and shall consist of fifty members, to be 
elected for the term of four years; for the election of 
whom, the counties, cities, and towns shall be divided into 
fifty districts: each county, city, and town of the respective 
districts, at the time of the first election of its delegate or 
delegates under this constitution, shall vote for one senator, 
and the sheriffs or other officers holding the election for 
each county, city, and town, within five days at farthest 
after the last election in the district, shall meet at the 
court-house of the county or city first named in the dis¬ 
trict, and from the polls so taken in their respective 
counties, cities, and towns, return as senator the person 
who has received the greatest number of votes in the 
whole district. Upon the assembling of the senators so 
elected, they shall be divided into two equal classes, to be 
numbered by lot. The term of service of the senators of 
the first class shall expire with that of the delegates first 
elected under this constitution; and of the senators of the 
second class at the expiration of two years thereafter : and 
this alternation shall be continued, so that one-half of the 
senators may be chosen every second year. 

SECTION IV.—THE SENATE. 

I. For the election of senators, the counties of Accomac 
and Northampton shall form one district: 

II. The city of Norfolk shall be another district: 

III. The counties of Norfolk and Princess Anne shall 
form another district: 

IV. The counties of Isle of Wight, Nansemond, and 
Surry, shall form another district: 

v. The counties of Sussex, Southampton, and Greenes- 
ville, shall form another district: 

VI. The city of Petersburg and the county of Prince 
George shall form another district: 

vn. The counties of Pinwiddie, Amelia, and Bruns¬ 
wick, shall form another district: 

Vlli. The counties of Powhatan, Cumberland, and 
Chesterfield, shall form another district: 

ix. The counties of Lunenburg, Nottoway, and Prince 
Edward, shall form another district; 


146 


CONSTITUTION OP VIRGINIA. 


x. The counties of Mecklenburg and Charlotte shall 
form another district: 

XI. The county of Pittsylvania shall be another district: 

XII. The county of Halifax shall be another district: 

Xiii. The counties of Henry, Patrick, and Franklin, 

shall form another district: 

xiv. The county of Bedford shall be another district: 

XV. The counties of Campbell and Appomattox shall 
form another district: 

xvi. The city of Williamsburg, and the counties of 
James City, Charles City, New Kent, York, Elizabeth 
City, and Warwick, shall form another district: 

xvn. The counties of Henrico and Hanover shall form 
another district: 

xviii. The city of Richmond shall be another district: 

xix. The counties of Gloucester, Mathews, and Mid¬ 
dlesex, shall form another district: 

xx. The counties of Richmond, Lancaster, Northum¬ 
berland, and Westmoreland, shall form another district: 

xxi. The counties of King and Queen, King William, 
and Essex, shall form another district: 

XXII. The counties of Caroline and Spottsylvania shall 
form another district: 

xxiii. The counties of Stafford, King George, and 
Prince William, shall form another district: 

xxiv. The counties of Fairfax and Alexandria shall 
form another district: 

xxv. The county of Loudoun shall be another district: 

xxvi. The counties of Fauquier and Rappahannock 
shall form another district: 

xxvii. The counties of Madison, Culpepper, Orange, 
and Greene, shall form another district: 

xxvm. The county of Albemarle shall be another 
district: 

xxix. The counties of Louisa, Goochland, and Flu¬ 
vanna, shall form another district: 

xxx. The counties of Nelson, Amherst, and Bucking¬ 
ham, shall form another district: 

xxxi. The counties of Jefferson and Berkeley shall 
form another district: 


CONSTITUTION OP VIRGINIA. 147 

xxxn. The counties of Hampshire, Hardy, and Mor¬ 
gan, shall form another district: 

xxxiii. The counties of Frederick, Clarke, and War¬ 
ren, shall form another district: 

xxxiv. The counties of Shenandoah and Page shall 
form another district: 

xxxv. The counties of Rockingham and Pendleton 
shall form another district: 

xxxvi. The county of Augusta shall be another dis¬ 
trict : 

xxxvii. The counties of Bath, Highland, and Rock¬ 
bridge, shall form another district: 

xxxviii. The counties of Botetourt, Alleghany, 
Roanoke, and Craig, shall form another district: 

xxxix. The counties of Carroll, Floyd, Grayson, 
Montgomery, and Pulaski, shall form another district: 

XL. The counties of Mercer, Monroe, Giles, and Taze¬ 
well, shall form another district: 

xlt. The counties of Smyth, Wythe, and Washington, 
shall form another district: 

xlii. The counties of Scott, Lee, and Russell, shall 
form another district: 

xliii. The counties of Boone, Logan, Kanawha, Put¬ 
nam, and Wyoming, shall form another district: 

xliv. The counties of Nicholas, Fayette, Pocahontas, 
Raleigh, Braxton, and Greenbrier, shall form another 
district : 

xlv. The counties of Mason, Jackson, Cabell, Wayne, 
and Wirt, shall form another district: 

xlvi. The counties of Ritchie, Doddridge, Harrison, 
Pleasants, and Wood, shall form another district: 

xlvii. The ccunties of Wetzel, Marshall, Marion, and 
Tyler, shall form another district: 

XLVin. The counties of Upshur, Barbour, Lewis, Gil¬ 
mer, and Randolph, shall form another district: 

xlix. The counties of Monongalia, Preston, and Taylor, 
shall form another district: 

L. The counties of Brooke, Hancock, and Ohio, shall 
form another district. 


118 


CONSTITUTION OF VIRGINIA. 


SECTION V. 

5. It shall be the duty of the general assembly in the 
year one thousand eight hundred and sixty-five, and in 
every tenth year thereafter, in case it can agree upon a 
principle of representation, to re-apportion representation 
iu the senate and house of delegates in accordance there¬ 
with • and in the event the general assembly, at the first 
or any subsequent period of re-apportionment, shall fail 
to agree upon a principle of representation and to re-ap¬ 
portion representation in accordance therewith, each house 
shall separately propose a scheme of representation, con¬ 
taining a principle or rule for the house of delegates, in 
connection with a principle or rule for the senate. And 
it shall be the duty of the general assembly, at the same 
session, to certify to the governor, the principles or rules 
of representation which the respective houses may sepa¬ 
rately propose, to be applied in making re-apportionments 
in the senate and in the house of delegates: and the 
governor shall, as soon thereafter as may be, by proclama¬ 
tion, make known the propositions of the respective houses, 
and require the voters of the commonwealth to assemble 
at such time as he shall appoint, at their lawful places of 
voting, and decide by their votes between the propositions 
thus presented. In the event the general assembly shall 
fail, in the year one thousand eight hundred and sixty- 
five, or in any tenth year thereafter, to make such re-ap¬ 
portionment or certificate, the governor shall, immediately 
after the adjournment of the general assembly, by procla¬ 
mation, require the voters of the commonwealth to as¬ 
semble, at such time as he shall appoint, at their lawful 
places of voting, and to declare by their votes : 

First, whether representation in the senate and house 
of delegates shall be apportioned on the “ Suffrage Basis 
that is, according to the number of voters in the several 
counties, cities, towns, and senatorial districts of the com¬ 
monwealth : 

Or second, whether representation in both houses shall 
be apportioned on the “ Mixed Basis that is, according 
to the number of white inhabitants contained, and the 


CONSTITUTION OP VIRGINIA. 


119 


amount of all state taxes paid, in the several counties, 
cities, and towns of the commonwealth, deducting there¬ 
from all taxes paid on licenses and law process, and any 
capitation tax on free negroes, allowing one delegate for 
every seventy-sixth part of said inhabitants, and one dele¬ 
gate for every seventy-sixth part of said taxes, and distri¬ 
buting the senators in like manner: 

Or third, whether representation shall be apportioned 
in the senate on taxation; that is, according to the amount 
of all state taxes, paid in the several counties, cities, and 
towns of the commonwealth, deducting therefrom all taxes 
paid ou licenses and law process, and any capitation tax 
on free negroes, and in the house of delegates on the 
“ Suffrage Basis” as aforesaid: 

Or fourth, whether representation shall be apportioned 
in the senate on the “ Mixed Basis” as aforesaid, and in 
the house of delegates on the “ Suffrage Basis” as afore¬ 
said : and each voter shall cast his vote in favor of one 
of said schemes of apportionment, and no more. 

6. It shall be the duty of the sheriffs and other officers 
taking said polls, to keep the same open for the period of 
three days, and within five days after they are closed, to 
certify true copies thereof to the governor, who shall, as 
early as may be, ascertain the result of said vote, and 
make proclamation thereof; and in case it is ascertained 
that a majority of all the votes cast is in favor of either 
of the principles of representation, referred as aforesaid 
to the choice of the voters, the governor shall communi¬ 
cate the result of such vote to the general assembly at its 
first regular session thereafter; but in case it is ascertained 
that a majority of all the votes cast is not in favor of 
either of the principles of representation referred as afore¬ 
said to the choice of the voters, it shall be the duty of the 
governor, as soon as may be after ascertaining that fact, 
in like manner to cause the voters to decide between the 
two principles of representation which shall, at such pre¬ 
vious voting, have received the greatest number of votes; 
and he shall ascertain and make proclamation of the result 
of the said last vote, and communicate the same to the 
general assembly at its next regular session; and in either 
38 


150 


CONSTITUTION OF VIRGINIA. 


case the general assembly, at the regular session thereof 
which shall be held next after the taking of the vote, the 
result of which shall have been so communicated to it by 
the governor, shall re-apportion representation in the two 
houses respectively in accordance with the principle of 
representation in each, for which a majority of the votes 
cast were given; and it shall be the duty of the general 
assembly in every tenth year thereafter to re-apportion and 
distribute the number of senators and delegates in accord¬ 
ance with the same principle. 

7. Any person may be elected senator, who, at the time 
of election, has attained the age of twenty-five years, and 
is actually a resident within the district, and qualified to 
vote for members of the general assembly, according to 
this constitution. And any person may be elected a 
member of the house of delegates, who, at the time of 
election, has attained the age of twenty-one years, and is 
actually a resident within the county, city, town, or elec¬ 
tion district, qualified to vote for members of the general 
assembly, according to this constitution; but no person 
holding a lucrative office, no minister of the gospel or 
priest of any religious denomination, no salaried officer of 
any banking corporation or company, and no attorney for 
the commonwealth, shall be capable of being elected a 
member of either house of assembly. The removal of 
any person elected to either branch of the general assembly 
from the county, city, town, or district for which he was 
elected, shall vacate his office. 

8. The general assembly shall meet once in every two 
years, and not oftener, unless convened by the governor 
in the manner prescribed in this constitution. No session 
of the general assembly, after the first under this consti¬ 
tution, shall continue longer than ninety days, without tho 
concurrence of three-fifths of the members elected to each 
house, in which case the session may be extended for a 
further period, not exceeding thirty days. Neither house, 
during the session of the general assembly, shall, without 
the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses shall be sitting. A majority of each house shall 
constitute a quorum to do business, but a smaller number 


CONSTITUTION OF VIRGINIA. 


151 


may adjourn from day to day, and shall be authorized to 
compel the attendance of absent members in such manner 
and under such penalties as each house may provide. 

9. The house of delegates shall choose its own speaker, 
and in the absence of the lieutenant-governor, or when he 
shall exercise the office of governor, the senate shall choose 
from their own body, a president pro tempore: and each 
house shall appoint its own officers, settle its own rules of 
proceeding, and direct writs of election for supplying inter¬ 
mediate vacancies: but if vacancies shall occur during the 
recess of the general assembly, such writs may be issued 
by the governor, under such regulations as may be pre¬ 
scribed by law. Each house shall judge of the election, 
qualifications, and returns of its members, may punish 
them for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member, but not a second time for 
the same offence. 

10. The members of the assembly shall receive for their 
services a compensation, to be ascertained by law, and paid 
out of the public treasury; but no act increasing such 
compensation shall take effect until after the end of the 
term for which the members of the house of delegates 
voting thereon were elected. And no senator or delegate, 
during the term for which he shall have been elected, 
shall be appointed to any civil office of profit under the 
commonwealth, which has been created, or the emoluments 
of which have been increased, during such term, except 
offices filled by elections by the people. 

11. Bills and resolutions may originate in either of the 
two houses of the general assembly, to be approved or 
rejected by the other, and may be amended by either 
house, with the consent of the other. 

12. Each house of the general assembly shall keep a 
journal of its proceedings, which shall be published from 
time to time, and the yeas and nays of the members of 
either house, on any question, shall, at the desire of one- 
fifth of those present, be entered on the journal. No bill 
shall become a law, until it has been read on three dif¬ 
ferent days of the session, in the house in which it ori¬ 
ginated, unless two-thirds of the members elected to that 
house shall otherwise determine. 


152 


CONSTITUTION OF VIRGINIA. 


13. The whole number of members to which the state 
may at any time be entitled in the house of representatives 
of the United States shall be apportioned, as nearly as 
may be, amongst the several counties, cities, and towns of 
the state, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons. 

14. In the apportionment, the state shall be divided 
into districts corresponding in number with the represen¬ 
tatives to which it may be entitled in the house of repre¬ 
sentatives of the congress of the United States, which 
shall be formed respectively of contiguous counties, cities, 
and towns, be compact, and include, as nearly as may be, 
an equal number of the population upon which is based 
representation in the house of representatives of the United 
States. 

15. The privilege of the writ of habeas corpus shall not, 
in any case, be suspended. The general assembly shall 
not pass any bill of attainder; or any ex post facto law; 
or any law impairing the obligation of contracts; or any 
law whereby private property shall be taken for public 
uses without just compensation; or any law abridging the 
freedom of speech or of the press. No man shall be 
compelled to frequent or support any religious worship, 
place, or ministry, whatsoever; nor shall any man be en¬ 
forced, restrained, molested, or burthened in his body or 
goods, or otherwise sutler, on account of his religious 
opinions or belief; but all men shall be free to profess, 
and by argument to maintain, their opinions, in matters of 
religion, and the same shall in no wise affect, diminish, or 
enlarge their civil capacities. And the general assembly 
shall not prescribe any religious test whatever; or confer 
any peculiar privileges or advantages on any sect or deno¬ 
mination; or pass any law requiring or authorizing any 
religious society, or the people of any district within this 
commonwealth, to levy on themselves or others any tax 
for the erection or repair of any house for public worship, 
or for the support of any church or ministry; but it shall 
be left free to every person to select his religious instructor, 


CONSTITUTION OF VIRGINIA. 


153 


and to make frr his support such private contract as he 
shall please. 

16. No law shall embrace more than one object, which 
shall be expressed in its title : nor shall any law be revived 
or amended by reference to its title, but the act revived, 
or section amended, shall be re-enacted and published at 
length. 

17. The general assembly may provide that no person 
shall be capable of holding, or being elected to, any post 
of profit, trust, or emolument, civil or military, legislative, 
executive or judicial, under the government of this com¬ 
monwealth, who shall hereafter fight a duel, or send or 
accept a challenge to fight a duel, the probable issue of 
which may be the death of the challenger or challenged, 
or who shall be second to either party, or shall in any 
manner aid or assist in such duel, or shall be knowingly 
the bearer of such challenge or acceptance; but no person 
shall be so disqualified by reason of his having heretofore 
fought such duel, or sent or accepted such challenge, or 
been second in such duel, or bearer of such challenge or 
acceptance. 

18. The governor, lieutenant-governor, judges, and all 
others offending against the state, by mal-administration, 
corruption, neglect of duty, or other high crime or mis¬ 
demeanor, shall be impeachable by the house of delegates, 
and be prosecuted before the senate, which shall have the 
sole power to try impeachments. When sitting for that 
purpose, they shall be on oath or affirmation; and no per¬ 
son shall be convicted without the concurrence of two- 
thirds of the members present. Judgment in case of 
impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit under the commonwealth; 
but the party convicted shall nevertheless be subject to 
indictment, trial, judgment, and punishment, according 
to law. The senate may sit during the recess of the 
general assembly for the trial of impeachments. 

SLAVES AND FREE NEGROES. 

19. Slaves hereafter emancipated shall forfeit their 
freedom by remaining in the commonwealth more than 

38 * 


154 


CONSTITUTION OP VIRGINIA. 


twelve months after they become actually free, and shall 
be reduced to slavery, under such regulations as may be 
prescribed by law. 

20. The general assembly may impose such restrictions 
and conditions as they shall deem proper on the power of 
slave owners to emancipate their slaves; and may pass 
laws for the relief of the commonwealth from the free 
negro population by removal or otherwise. 

21. The general assembly shall not emancipate any 
slave, or the descendant of any slave, either before or after 
the birth of such descendant. 

TAXATION AND FINANCE. 

22. Taxation shall be equal and uniform throughout 
the commonwealth, and all property, other than slaves, 
shall be taxed in proportion to its value, which shall be 
ascertained in such manner as may be prescribed by law. 

23. Every slave who has attained the age of twelve 
years shall be assessed with a tax equal to and not exceed¬ 
ing that assessed on land of the value of three hundred 
dollars. Slaves under that age shall not be subject to 
taxation; and other taxable property may be exempted 
from taxation, by the vote of a majority of the whole 
number of members elected to each house of the general 
assembly. 

24. A capitation tax, equal to the tax assessed on land 
of the value of two hundred dollars, shall be levied on 
every white male inhabitant who has attained the age of 
twenty-one years: and one equal moiety of the capitation 
tax upon white persons shall be applied to the purposes 
of education in primary and free schools; but nothing 
herein contained shall prevent exemptions of taxable polls 
in cases of bodily infirmity. 

25. The general assembly may levy a tax on incomes, 
salaries, and licenses; but no tax shall be levied on pro¬ 
perty from which any income so taxed is derived, or on 
the capital invested in the trade or business in respect to 
which the license so taxed is issued. 

26. No money shall be drawn from the treasury but in 
pursuance of appropriations made by law; and a statement 


CONSTITUTION OF VIRGINIA. 


155 


of the receipts, disbursements, appropriations, and loans 
shall be published after the adjournment of each session 
of the general assembly, with the acts and resolutions 
thereof. 

27. On the passage of every act which imposes, con¬ 
tinues, or revives a tax, or creates a debt or charge, or 
makes, continues, or revives any appropriation of public 
or trust money or property, releases, discharges, or com¬ 
mutes any claim or demand of the state, the vote shall be 
determined by yeas and nays, and the names of the per¬ 
sons voting for and against the same shall be entered on 
the journals of the respective houses, and a majority of all 
the members elected to each house shall be necessary to 
give it the force of a law. 

28. The liability to the state of any incorporated com¬ 
pany or institution, to redeem the principle and pay the 
interest of any loan heretofore made, or which may here¬ 
after be made, by the state, to such company or institution, 
shall not be released; and the general assembly shall not 
pledge the faith of the state, or bind it in any form, for 
the debts or obligations of any company or corporation. 

29. There shall be set apart annually, from the accruing 
revenue, a sum equal to seven per cent, of the state debt 
existing on the first day of January in the year one 
thousand eight hundred and fifty-two. The fund thus 
set apart shall be called the sinking fund, and shall be 
applied to the payment of the interest of the state debt, 
and the principal of such part as may be redeemable. If 
no part be redeemable, then the residue of the sinking 
fund, after the payment of such interest, shall be invested 
in the bonds or certificates of debt of this commonwealth, 
or of the United States, or of some of the states of this 
Union, and applied to the payment of the state debt, as 
it shall become redeemable. Whenever, after the said 
first day of January, a debt shall be contracted by the 
commonwealth, there shall be set apart in like manner, 
annually, for thirty-four years, a sum exceeding by one 
per cent, the aggregate annual interest agreed to be paid 
thereon, at the time contracted, which sum shall be part 
of the sinking fund, and shall be applied in the manner 
before directed. The general assembly shall not other- 


156 


CONSTITUTION OF VIRGINIA. 


wise appropriate any part of the sinking fund or its ac¬ 
cruing interest, except in time of war, insurrection, or 
invasion. 

30. The general assembly may, at any time, direct a 
sale of the stocks held by the commonwealth in internal 
improvement and other companies; but the proceeds of 
such sale, if made before the payment of the public debt, 
shall constitute a part of the sinking fund and be applied 
in like manner. 

31. The general assembly shall not contract loans or 
cause to be issued certificates of debt or bond of the state, 
irredeemable for a period greater than thirty-four years. 

GENERAL PROVISIONS. 

32. The general assembly shall not grant a charter of 
incorporation to any church or religious denomination, but 
may secure the title to church property to an extent to be 
limited by law. 

33. No lottery shall hereafter be authorized by law, and 
the buying, selling, or transferring of tickets or chances 
in any lottery not now authorized by a law of this state, 
shall be prohibited. 

34. No new county shall be formed with an area less 
than six hundred square miles; nor shall the county or 
counties from which it is formed be reduced below that 
area; nor shall any county, having a white population less 
than five thousand, be deprived of more than one-fifth of 
such population; nor shall a county having a larger white 
population be reduced below four thousand. But any 
county, the length of which is three times its mean 
breadth, or which exceeds fifty miles in length, may be 
divided at the discretion of the general assembly. In all 
general elections the voters in any county, not entitled 
to separate representation, shall vote in the same election 
district. 

35. The general assembly shall confer on the courts the 
power to grant divorces, change the names of persons, and 
direct the sale of estates belonging to infants and other 
persons under legal disabilities, but shall not, by special 
legislation, grant relief in such cases, or in any other case 


CONSTITUTION OF VIRGINIA. 


157 


of which the courts or other tribunals may have jurisdic¬ 
tion. 

36. The general assembly shall provide for the periodical 
registration, in the several counties, cities, and towns, of 
the voters therein, and for the annual registration of the 
births, marriages, and deaths in the white population, and 
of the births and deaths in the colored population of the 
same, distinguishing between the numbers of free colored 
persons and slaves. 

37. The general assembly, at intervals of five years from 
the dates of the returns of the census of the United States, 
shall cause to be taken a census and such statistics of this 
state as may be prescribed by law; which census and sta¬ 
tistics shall be returned to the secretary of the common¬ 
wealth, who shall compare and correct the returns and 
report the same to the general assembly. 

38. The manner of conducting and making returns of 
elections, of determining contested elections, and of filling 
vacancies in office, in cases not specially provided for by 
this constitution, shall be prescribed by law; but special 
elections to fill vacancies in the office of judge of any court 
shall be for a full term. And the general assembly may 
declare the cases in which any office shall be deemed va¬ 
cant, when no provision is made for that purpose in this 
constitution. 

Article 5 .—Executive Department 
governor. 

1. The chief executive power of this commonwealth 
shall be vested in a governor. He shall hold the office 

for the term of four years, to commence on the-day 

of-next succeeding his election, and be ineligible to 

the same office for the term next succeeding that for which 
he was elected, and to any other office during his term of 
service. 

2. The governor shall be elected by the voters, at the 
times and places of choosing members of the general as¬ 
sembly. Returns of the election shall be transmitted, 
under seal, by the proper officers to the secretary of the 




153 


CONSTITUTION OF VIRGINIA. 


commonwealth, who shall deliver them to the speaker of 
the house of delegates, on the first day of the next session 
of the general assembly. The speaker of the house of 
delegates shall within one week thereafter, in the presence 
of a majority of the senate and house of delegates, open 
the said returns, and the votes shall then be counted. The 
person having the highest number of votes shall be de¬ 
clared elected; but if two or more shall have the highest 
and an equal number of votes, one of them shall be chosen 
governor by the joint vote of the two houses of the general 
assembly. Contested elections for governor shall be de¬ 
cided by a like vote, and the mode of proceeding in such 
cases shall be prescribed by law. 

3. No person shall be eligible to the office of governor 
unless he has attained the age of thirty years, is a native 
citizen of the United States, and has been a citizen of 
Virginia for five years next preceding his election. 

4. The governor shall reside at the seat of government; 
shall receive five thousand dollars for each year of his ser¬ 
vice, and, while in office, shall receive no other emolument 
from this or any other government. 

5. He shall take care that the laws be faithfully exe¬ 
cuted ; communicate to the general assembly at every ses¬ 
sion the condition of the commonwealth; recommend to 
their consideration such measures as he may deem expe¬ 
dient; and convene the general assembly on application 
of a majority of the members of both houses thereof, or 
when in his opinion the interests of the commonwealth 
may require it. He shall be commander-in-chief of the 
land and naval forces of the state; have power to embody 
the militia to repel invasion, suppress insurrection, and 
enforce the execution of the laws; conduct, either in 
person or in such other manner as shall be prescribed by 
law, all intercourse with other and foreign states; and, 
during the recess of the general assembly, fill pro tempore 
all vacancies in those offices for which the constitution and 
laws make no provision: but his appointments to such 
vacancies shall be by commissions to expire at the end of 
thirty days after the commencement of the next session 
of the general assembly. He shall have power to remit 


CONSTITUTION OF VIRGINIA. 


159 


fines and penalties, in such cases, and under such rules 
and regulations, as may be prescribed by law; and, except 
when the prosecution has been carried on by the house of 
delegates, or the law shall otherwise particularly direct, to 
grant reprieves and pardons after conviction, and to 
commute capital punishment. But he shall communicate 
to the general assembly, at each session, the particulars 
of every case of fine or penalty remitted, of reprievo 
or pardon granted, and of punishment commuted, with 
his reasons for remitting, granting, or commuting the 
same. 

6. He may require information in writing from the 
officers in the executive department upon any subject 
relating to the duties of their respective offices; and 
may also require the opinion in writing of the attorney- 
general upon any question of law connected with his official 
duties. 

7. Commissions and grants shall run in the name of the 
commonwealth of Virginia, and be attested by the governor 
with the seal of the commonwealth annexed. 

LIEUTENANT-GOVERNOR. 

8. A lieutenant-governor shall be elected at the same 
time, and for the same term, as the governor: and his 
qualification and the manner of his election in all respects 
shall be the same. 

9. In case of the removal of the governor from office, 
or of his death, failure to qualify, resignation, removal 
from the state, or inability to discharge the powers and 
duties of the office, the said office, with its compensation, 
shall devolve upon the lieutenant-governor; and the 
general assembly shall provide by law for the discharge 
of the executive functions in other necessary cases. 

10. The lieutenant-governor shall be president of the 
senate, but shall have no vote; and, while acting as such, 
shall receive a compensation equal to that allowed to the 
speaker of the house of delegates. 


160 


CONSTITUTION OF VIRGINIA. 


SECRETARY OF THE COMMONWEALTH, TREASURER, AND 
AUDITOR. 

11. A secretary of the commonwealth, treasurer, and 
an auditor of public accounts, shall be elected by the joint 
vote of the two houses of the general assembly, and con¬ 
tinue in office for the term of two years, unless sooner 
removed. 

12. The secretary shall keep a record of the official 
acts of the governor, which shall be signed by the governor 
and attested by the secretary; and when required, he shall 
lay the same, and any papers, minutes, and vouchers per¬ 
taining to his office, before either house of the general 
assembly; and shall perform such other duties as may be 
prescribed by law. 

13. The powers and duties of the treasurer and auditor 
shall be such as now are, or may be hereafter, prescribed 
by law. 

BOARD OF PUBLIC WORKS. 

14. There shall be a board of public works, to consist 
of three commissioners. The state shall be divided into 
three districts, containing as nearly as may be equal num¬ 
bers of voters, and the voters of each district shall elect 
one commissioner, whose term of office shall be six years; 
but of those first elected, one, to be designated by lot, 
shall remain in office for two years only, and one other, to 
be designated in like manner, shall remain in office for 
four years only. 

15. The general assembly, at its first session after the 
adoption of this constitution, shall provide for the election 
and compensation of the commissioners, and the organiza¬ 
tion of the board. The commissioners first elected shall 
assemble on a day to be appointed by law, and decide by 
lot the order in which their term of service shall expire. 

16. The board of public works shall appoint all officers 
employed on the public works, and all persons representing 
the interest of the commonwealth in works of internal 
improvement, and shall perform such other duties as may 
be prescribed by law. 


CONSTITUTION OP VIRGINIA. 


161 


17. The members of the board of public works may be 
removed by the concurrent vote of a majority of all the 
members elected to each house of the general assembly; 
but the cause of removal shall be entered on the journal 
of each house. 

18. The general assembly shall have power, by a vote 
of three-fifths of the members elected to each house, to 
abolish said board whenever in their opinion a board of 
public works shall no longer be necessary. 

MILITIA. 

19. The manner of appointing militia officers shall be 
prescribed by law. 

Article 6.— Judiciary Department. 

1. There shall be a supreme court of appeals, district 
courts, and circuit courts. The jurisdiction of these tri¬ 
bunals, and of the judges thereof, except so far as the 
same is conferred by this constitution, shall be regulated 
by law. 

JUDICIAL DIVISIONS. 

2. The state shall be divided into twenty-one judicial 
circuits, ten districts, and five sections. 

I. The counties of Princess Anne, Norfolk, Nansemond, 
Isle of Wight, Southampton, Greenesville, Surry, and 
Sussex, and the city of Norfolk, shall constitute the first 
circuit. 

II. The counties of Prince George, Dinwiddie, Bruns¬ 
wick, Mecklenburg, Lunenburg, Nottoway, Amelia, Ches¬ 
terfield, and Powhatan, and the city of Petersburg, shall 
constitute the second circuit. 

in. The counties of Cumberland, Buckingham, Appo¬ 
mattox, Campbell, Prince Edward, Charlotte, and Halifax, 
and the town of Lynchburg, shall constitute the third 
circuit. 

IV. The counties of Pittsylvania, Bedford, Pranklin, 
Patrick, and Henry, shall constitute the fourth circuit. 

39 


162 


CONSTITUTION OF VIRGINIA. 


V. The counties of Accomae and Northampton shall 
constitute the fifth circuit. 

VI. The counties of Elizabeth City, Warwick, York, 
Gloucester, Mathews, Middlesex, Henrico, New Kent, 
Charles City, and James City, and the city of Williams¬ 
burg, shall constitute the sixth circuit. 

VII. The city of Richmond shall be the seventh circuit. 

Vin. The counties of Lancaster, Northumberland, 

Richmond, Westmoreland, King George, Spottsyl vania, 
Caroline, Hanover, King William, King and Queen, and 
Essex, shall constitute the eighth circuit. 

IX. The counties of Stafford, Prince William, Alex¬ 
andria, Fairfax, Loudoun, Fauquier, and Rappahannock, 
shall constitute the ninth circuit. 

x. The counties of Culpeper, Madison, Greene, Orange, 
Albemarle, Louisa, Fluvanna, and Goochland, shall con¬ 
stitute the tenth circuit. 

xi. The counties of Nelson, Amherst, Rockbridge, 
Augusta, and Bath, shall constitute the eleventh circuit. 

XU. The counties of Pendleton, Highland, Rockingham, 
Page, Shenandoah, Warren, and Hardy, shall constitute 
the twelfth circuit. 

xm. The counties of Clarke, Frederick, Hampshire, 
Morgan, Berkeley, and Jefferson, shall constitute the 
thirteenth circuit. 

xiv. The counties of Monroe, Greenbrier, Pocahontas, 
Alleghany, Botetourt, Roanoke, and Craig, shall constitute 
the fourteenth circuit. 

xv. The counties of Giles, Mercer, Raleigh, Wyoming, 
Logan, Boone, Fayette, and Nicholas, shall constitute the 
fifteenth circuit. 

xvi. The counties of Grayson, Carroll, Wythe, Floyd, 
Pulaski, and Montgomery, shall constitute the sixteenth 
circuit. 

xvn. The counties of Smyth, Tazewell, Washington, 
Russell, Scott, and Lee, shall constitute the seventeenth 
circuit. 

xviii. The counties of Wayne, Cabell, Mason, Jackson, 
Putnam, and Kanawha, shall constitute the eighteenth 
circuit. 


CONSTITUTION OF VIRGINIA. 


163 


XIX. The counties of Wood, Wirt, Gilmer, Braxton, 
Lewis, Bitchie, Doddridge, and Pleasants, shall constitute 
the nineteenth circuit. 

xx. The counties of Hancock, Brooke, Ohio, Marshall, 
Wetzel, Tyler, and Monongalia, shall constitute the twen¬ 
tieth circuit. 

xxi. And the counties of Harrison, Marion, Taylor, 
Preston, Barbour, Randolph, and Upshur, shall constitute 
the twenty-first circuit. 

3. The first and second circuits shall constitute the first 
district; the third and fourth circuits, the second district; 
the fifth, sixth, and seventh circuits, the third district; 
the eighth and ninth circuits, the fourth district; the 
tenth and eleventh circuits, the fifth district; the twelfth 
and thirteenth circuits, the sixth district; the fourteenth 
and fifteenth circuits, the seventh district; the sixteenth 
and seventeenth circuits, the eighth district; the eighteenth 
and nineteenth circuits, the ninth district; and the twen¬ 
tieth and twenty-first circuits, the tenth district. 

4. The first and second districts shall constitute the first 
section; the third and fourth districts, the second section; 
the fifth and sixth districts, the third section; the seventh 
and eighth districts, the fourth section; and the ninth and 
tenth districts, the fifth section. 

5. The general assembly may, at the end of eight years 
after the adoption of this constitution, and thereafter at 
intervals of eight years, rearrange the said circuits, dis¬ 
tricts, and sections, and place any number of circuits in 
a district, and of districts in a section; but each circuit 
shall be altogether in one district, and each district in one 
section; and there shall not be less than two districts and 
four circuits in a section, and the number of sections shall 
not be increased or diminished. 

CIRCUIT COURTS. 

6. For each circuit, a judge shall be elected by the 
voters thereof, who shall hold his office for the term of 
eight years, unless sooner removed in the manner pre¬ 
scribed by this constitution. He shall at the time of his 


164 


CONSTITUTION OF VIRGINIA. 


election be at least thirty years of age, and, during bis 
continuance in office, shall reside in the circuit of which 
he is judge. 

7. A circuit court shall he held at least twice a year by 
the judge of each circuit, in every county and corporation 
thereof, wherein a circuit court is now or may hereafter 
be established. But the judges in the same district may 
be required or authorized to hold the courts of their re¬ 
spective circuits alternately, and a judge of one circuit to 
hold a court in any other circuit. 

DISTRICT COURTS. 

8. A district court shall be held, at least once a year, 
in every district, by the judges of the circuits constituting 
the section and the judge of the supreme court of appeals 
for the section of which the district forms a part, any 
three of whom may hold a court; but no judge shall sit 
or decide upon any appeal taken from his own decision. 
The judge of the supreme court of appeals of one section 
may sit in the district courts of another section, when 
required or authorized by law to do so. 

9. The district courts shall not have original jurisdic¬ 
tion, except in cases of habeas corpus, mandamus , and 
prohibition. 

COURTS OF APPEALS. 

10. For each section a judge shall be elected by the 
voters thereof, who shall hold his office for the term of 
twelve years, unless sooner removed in the manner pre¬ 
scribed by this constitution. He shall at the time of his 
election be at least thirty-five years of age, and during his 
continuance in office, reside in the section for which he is 
elected. 

11. The supreme court of appeals shall consist of the 
five judges so elected, any three of whom may hold a court. 
It shall have appellate jurisdiction only, except in cases 
of habeas corpus , mandamus , and prohibition. It shall 
not have jurisdiction in civil causes where the matter in 
controversy, exclusive of costs, is less in value or amount 


CONSTITUTION OF VIRGINIA. 


165 


than five hundred dollars, except in controversies concern¬ 
ing the title or boundaries of land, the probate of a will, 
the appointment or qualification of a personal representa¬ 
tive, guardian, committee, or curator; or concerning a mill, 
road, way, ferry, or landing, or the right of a corporation 
or of a county to levy tolls or taxes; and except in cases 
of habeas corpus, mandamus , and prohibition, and cases 
involving freedom, or the constitutionality of a law. 

12. Special courts of appeals, to consist of not less than 
three nor more than five judges, may be formed of the 
judges of the supreme court of appeals, and of the circuit 
courts, or any of them, to try any cases remaining on the 
dockets of the present court of appeals when the judges 
thereof cease to hold their offices; or to try any cases which 
may be on the dockets of the supreme court of appeals 
established by this constitution, in respect to which a 
majority of the judges of said court may be so situated 
as to make it improper for them to sit on the hearing 
thereof. 

13. When a judgment or decree is reversed or affirmed 
by the supreme court of appeals, the reasons therefor shall 
be stated in writing, and preserved with the record of the 
case. 

GENERAL PROVISIONS. 

14. Judges shall be commissioned by the governor, 
and shall receive fixed and adequate salaries, which shall 
not be diminished during their coLtinuance in office. The 
salary of a judge of the supreme court of appeals shall 
not be less than three thousand dollars and that of a judge 
of a circuit court not less than two thousand dollars per 
annum, except that of the judge of the fifth circuit, which 
shall not be less than fifteen hundred dollars per annum; 
and each shall receive a reasonable allowance for necessary 
travel. 

15. No judge during his term of service shall hold any 
other office, appointment, or public trust, and the accept¬ 
ance thereof shall vacate his judicial office; nor shall ho 
during such term, or within one year thereafter, be eligible 
to any political office. 

39* 


166 


CONSTITUTION OF VIRGINIA. 


16. No election of judge shall be held within thirty 
days of the time of holding any election of electors of 
president and vice president of the United States, of 
members of congress, or of the geueral assembly. 

17. Judges may be removed from office by a concurrent 
vote of both houses of the general assembly, but a ma¬ 
jority of all the members elected to each house must con¬ 
cur in such vote; and the cause of removal shall be entered 
on the journal of each house. The judge, against whom 
the general assembly may be about to proceed, shall receive 
notice thereof, accompanied by a copy of the causes 
alleged for his removal, at least twenty days before the 
day on which either house of the general assembly shall 
act thereupon. 

18. The officers of the supreme court of appeals and of 
the district courts shall be appointed by the said courts 
respectively,, or by the judges thereof in vacation. Their 
duties, compensation, and tenure of office, shall be pre¬ 
scribed by law. 

19. The voters of each county or corporation in which 
a circuit court is held shall elect a clerk of such court, 
whose term of office shall be six years. The attorney for 
the commonwealth elected for a county or corporation 
wherein a circuit court is directed to be held, shall be at¬ 
torney for the commonwealth for that court. But in case 
a circuit court is held for a city, or for a county and city, 
there shall be an attorney for the commonwealth for such 
court, to be elected by the voters of such city, or county 
and city, and to continue in office for the term of four 
years. The duties and compensation of these officers, and 
the mode of removing them from office, shall be prescribed 
by law. 

20. When a vacancy shall occur in the office of clerk 
of any court, such court may appoint a clerk pro tempore , 
who shall discharge the duties of the office until the 
vacancy is filled. 

21. The general assembly shall provide for the compen¬ 
sation of jurors, but appropriations for that purpose shall 
not be made from the state treasury, except in prosecutions 
for felony and misdemeanor. 


CONSTITUTION OF VIRGINIA. 


167 


22. At every election of a governor, an attorney-general 
shall be elected by the voters of the commonwealth, for 
the term of four years. He shall be commissioned by the 
governor, shall perform such duties and receive such 
compensation as may be prescribed by law, and be re¬ 
movable in the manner prescribed for the removal of 
judges. 

23. Judges and all other officers, whether elected or 
appointed, shall continue to discharge the duties of their 
respective offices after their terms of service have expired, 
until their successors are qualified. 

24. Writs shall run in the name of the commonwealth 
of Virginia and be attested by the clerks of the several 
courts. Indictments shall conclude, Against the peace 
and dignity of the commonwealth. 


COUNTY COURTS. 

25. There shall be in each county of the commonwealth 
a county court, which shall be held monthly, by not less 
than three nor more than five justices, except when the 
law shall require the presence of a greater number. 

26. The jurisdiction of the said court shall be the same 
as that of the existing county courts, except so far as it 
is modified by this constitution or may be changed by 
law. 

27. Each county shall be laid off into districts, as 
nearly equal as may be in territory and population. In 
each district there shall be elected, by the voters thereof, 
four justices of the peace, who shall be commissioned by 
the governor, reside in their respective districts, and hold 
their office for the term of four years. The justices so 
elected shall choose one of their own body, who shall be 
the presiding justice of the county court, and whose duty 
it shall be to attend each term of said court. The other 
justices shall be classified by law for the performance of 
their duties in court. 

28. The justices shall receive for their services in court 
a per diem compensation, to be ascertained by law, and 


168 CONSTITUTION OF VIRGINIA. 

paid out of the county treasury; and shall not receive any 
fee or emolument for other judicial services. 

29. The power and jurisdiction of justices of the peace 
within their respective counties shall be prescribed by law. 

COUNTY OFFICERS. 

30. The voters of each county shall elect a clerk of the 
county court, a surveyor, an attorney for the common¬ 
wealth, a sheriff, and so many commissioners of the revenue 
as may be authorized by law, who shall hold their re¬ 
spective offices as follows: The clerk and the surveyor, 
for the term of six years; the attorney, for the term of 
four years; the sheriff and the commissioners, for the 
term of two years. Constables, and overseers of the 
poor, shall be elected by the voters as may be prescribed 
by law. 

31. The officers mentioned in the preceding section, 
except the attorneys, shall reside in the counties or dis¬ 
tricts for which they were respectively elected. No person 
elected for two successive terms to the office of sheriff 
shall be re-eligible to the same office for the next succeed¬ 
ing term; nor shall he, during his term of service, or 
within one year thereafter, be eligible to any political 
office. 

32. The justices of the peace, sheriffs, attorneys for 
the commonwealth, clerks of the circuit and county courts, 
and all other county officers, shall be subject to indictment 
for malfeasance, misfeasance, or neglect of official duty, 
and, upon conviction thereof, their offices shall become 
vacant. 

CORPORATION COURTS AND OFFICERS. 

33. The general assembly may vest such jurisdiction 
as shall be deemed necessary in corporation courts, and 
in the magistrates who may belong to the corporate 
body. 

34. All officers appertaining to the cities and other 
municipal corporations shall be elected by the qualified 
voters, or appointed by the constituted authorities of such 
cities or corporations as may be prescribed by law. 


CONSTITUTION OF VIRGINIA. 


169 


Done in convention, in the city of Richmond, on the 
first day of August, in the year of our Lord one thousand 
eight hundred and fifty-one, and in the seventy-sixth year 
of the commonwealth of Virginia. 

JOHN Y. MASON, President of the Convention. 

S. D. Whittle Secretary of the Convention. 

SCHEDULE. 

1. It shall he the duty of the president of this conven¬ 
tion, immediately on its adjournment, to certify to the 
governor a copy of the bill of rights and constitution 
adopted, together with this schedule. 

2. Upon the receipt of such certified copy, the governor 
shall, forthwith, announce the fact by proclamation, to be 
published in such newspapers of the state as may be 
deemed requisite for general information; and shall annex 
to his proclamation a copy of the bill of rights and con¬ 
stitution, together with this schedule: which proclamation, 
bill of rights, constitution, and schedule, shall be published 
in the manner indicated for the period of one month; and 
ten printed copies thereof shall, by the secretary of the 
commonwealth, be immediately transmitted, by mail, to 
the clerk of each county and corporation court in this 
commonwealth, to be by such clerk submitted to the exa¬ 
mination of any person desiring the same. 

3. The officers authorized by existing laws to conduct 
general elections shall, at the places appointed for holding 
the same, open a poll book on the fourth Thursday in 
October next, to be headed, “The Constitution as 
amended, and Schedule,” and to contain two separate 
columns; the first column to be headed “ For Ratifying;” 
the other to be headed, “ For Rejecting.” And such 
officers, keeping said polls open for the space of three days, 
shall then and there receive, and record in said poll book, 
the votes for and against this constitution and schedule, 
of all persons qualified, under the existing or amended 
constitution, to exercise the right of suffrage. 

4. The taking of the polls, the duties to be performed 
by the officers, the privilege of the voters, and the penalties 
attaching for misconduct on the part of any person, shall 


170 CONSTITUTION OF VIRGINIA. 

be, in all things, as prescribed by the second, third, fourth,, 
seventh, eighth, and ninth sections of the act of the general 
assembly, passed March the fourth, one thousand eight 
hundred and fifty, entitled, “An act to take the sense of 
the people upon the call of a convention, and providing 
for organizing the same,” so far as the provisions of said 
section may be applicable. 

5. It shall be the duty of the governor, upon receiving 
the returns of said officers, to ascertain the result thereof, 
and forthwith to declare the same by his proclamation, 
stating the aggregate vote in the state for and against the 
ratification of the amended constitution and schedule, 
which shall be published at least once a week until the 
second Monday in December next, in such newspapers as, 
in his opinion, will be best calculated to diffuse general 
information thereof: and if it appear that a majority of 
the votes cast is in favor of ratification, the governor, at 
the same time, and in like manner, shall make proclama¬ 
tion for holding, on the day last mentioned, a general 
election throughout the state for delegates and senators to 
the general assembly, according to the apportionment and 
districts prescribed in this constitution; and also for the 
election of a governor, lieutenant-governor, and attorney- 
general. 

6. The officers authorized by existing laws to hold and 
conduct general elections shall hold and conduct the 
elections herein required, and such officers and all other 
persons shall be governed and controlled therein by the 
provisions of said laws, so far as the same may be appli¬ 
cable to, and necessary for, the proper conducting of the 
said elections. Duplicate polls shall be separately kept 
for governor and lieutenant-governor, for attorney-general, 
and for senators and delegates to the general assembly, 
which shall be verified by the oaths of the officers con¬ 
ducting the elections. 

7. The verified duplicate polls for governor, lieutenant- 
governor, and attorney-general, shall be deposited with the 
clerks of the several counties and cities, who shall retain 
one in their respective offices, and transmit the other, by 
mail, to the secretary of the commonwealth. 


CONSTITUTION OP VIRGINIA. 


171 


8. In tlie election of senators and delegates for districts 
formed of more than one county and city, the officers 
conducting the same, at the court-houses of the several 
counties and cities forming each district, shall assemble 
on the eighth day after the commencement of the said 
election at the court-house of the county or city first 
named as one of the counties of the district, shall com¬ 
pare the polls and ascertain the result, and shall deliver 
and return certificates of election according to the laws 
now in force. 

9. The members of the general assembly so elected shall 
meet at the capitol, in the city of Richmond, on the second 
Monday in January, in the year one thousand eight hun¬ 
dred and fifty-two, and then and there organize as the 
general assembly of Virginia; but before such organization 
they shall respectively take the oath of fidelity to the 
commonwealth, and the other oaths of office required by 
the laws now in force. 

10. The election of members of the general assembly 
under this constitution shall vacate the seats of those 
elected under the present constitution 

11. The official term of the delegates first elected to the 
general assembly under this constitution shall expire on 
the thirtieth day of June, in the year one thousand eight 
hundred and fifty-three. 

12. The official term of the first governor, lieutenant- 
governor, and attorney-general elected under this consti¬ 
tution, shall expire on the thirty-first day of December, 
in the year one thousand eight hundred and fifty-five. 

13. The present judges of the supreme court of appeals 
and of the circuit courts, and their successors, who may 
be appointed under the existing constitution, shall remain 
in office until such time as the law may prescribe for the 
commencement of the official terms of the judges under 
the amended constitution, and no longer: which time shall 
not be more than six months after the termination of the 
first session of the general assembly under the amended 
constitution. 

14. The executive department of the government shall 
remain as at present organized; and the governor and 


172 


CONSTITUTION OF SOUTH CAROLINA. 


councillors of state, and their successors appointed under 
the existing constitution, shall continue in office until a 
governor elected under this constitution shall be qualified; 
and all other persons in office when this constitution is 
adopted, except as is herein otherwise expressly directed, 
shall continue in office until their successors are quali¬ 
fied : and vacancies in office, happening before such quali¬ 
fication, shall he filled in the manner now prescribed by 
law. 

15. All the courts of justice now existing shall contine 
with their present jurisdiction until and except so far as 
the judicial system may or shall be otherwise organized; 
and all laws in force when this constitution is adopted, 
and not inconsistent therewith, and all rights, prosecutions, 
actions, claims, and contracts, shall remain and continue as 
if this constitution was not adopted. 

1G. The general assembly shall pass all laws neces¬ 
sary for carrying this constitution into full effect and 
operation. 

Done in convention, in the city of Richmond, on the 
first day of August, in the year of our Lord one thousand 
eight hundred and fifty-one, and in the seventy-sixth year 
of the commonwealth of Virginia. 

JOHN Y. MASON, President of the Convention. 

S. D. Whittle, Secretary of the Convention. 


CONSTITUTION OF SOUTH CAROLINA 
Article 1. 

Sec. 1 . The legislative authority of this state shall be vest¬ 
ed in a general assembly, which shall consist of a Senate 
and House of Representatives. 

2. The House of Representatives shall be composed of 
members chosen by ballot, every second year, by the 
citizens of this State, qualified as in this Constitution is 
provided. 



CONSTITUTION OF SOUTH CAROLINA. 173 

3. The several election districts in this State shall elect 
the following number of representatives, viz.: 

Charleston, including St. Philip and St. Michael, fifteen 
members; Christ Church, three members; St. John, 
Berkely, three members ; St. Andrew, three members ; 
St. George, Dorchester, three members ; Sit. James, 
Goose Creek, three members ; St. Thomas and St. Den¬ 
nis, three members ; St. Paul, three members ; St. Bar¬ 
tholomew, three members; St. James, Santee, three 
members ; St. John, Colleton, three members; St. Ste¬ 
phen, three members ; St. Helena, three members; St. 
Luke, three members ; Prince William, three members ; 
St. Peter, three members; All Saints, (includingits ancient 
boundaries,) one member. Winyaw, (not including any 
part of All Saints,) three members ; Kingston, (not inclu¬ 
ding any part of All Saints,) two members; Williams'ourgh, 
two members; Liberty, two members; Marlborough, 
two members; Chesterfield, two members; Darlington, 
two members; York, three members; Chester, two 
members ; Fairfield, two members ; Richland, two mem¬ 
bers ; Lancaster, two members ; Kershaw, two members; 
Claremont, two members; Cljarendon, two members; 
Abbeville, three members; Edgefield, three members ; 
Newberry, (including the fork between Broad and Salu¬ 
da rivers,) three members ; Laurens, three members : 
Union, two members ; Spartan, two members ; Green¬ 
ville, two members; Pendleton, three members; St. 
Matthew, two members ; Orange, two members ; Win- 
ton, (including the district between Savannah river, and 
the north fork of Edisto, three members; Saxe Gotha, 
three members. 

4. Every free white man, of the age of twenty-one 
years, being a citizen of this State, and having resided 
therein two years previous to the day of election, and 
who hath a freehold of fifty acres of land, or a town lot, 
of which lie hath been legally seized and possessed, at 
least six months before such election, or, not having such 
freehold or town lot, hath been a resident in the election 
district, in which he offers, to give his vote, six raonthi 


174 CONSTITUTION OF SOUTH CAROLINA. 

before the said election, and hath paid a tax the preceding 
year of three shillings sterling towards the support of this 
government, shall have a right to vote for a member or 
members, to serve in either branch of the legislature, 
for the election district in which he holds such property, 
or is so resident. 

5. The returning officer, or any other person present, 
entitled to vote, may require any person who shall offer 
his vote at an election, to produce a certificate of his citi¬ 
zenship, and a receipt from the tax collector of his having 
paid a tax, entitling him to vote, or to swear, or affirm, 
that he is duly qualified to vote agreeably to this Con¬ 
stitution. 

6. No person shall be eligible to a seat in the House 
of Representatives, unless he is a free white man, of the 
age of twenty-one years, and hath been a citizen and 
resident in this State three years previous to his election. 
If a resident in the election district, he shall not be eli¬ 
gible to a seat in the House of Representatives, unless 
he be legally seized and possessed, in his own right, of 
a settled freehold estate of five hundred acres of land, and 
ten negroes; or of a real estate, of the value of one hun¬ 
dred and fifty pounds sterling, clear of debt. If a non¬ 
resident, he shall be legally seized and possessed of a 
settled freehold estate therein, of the value of five hun¬ 
dred pounds sterling, clear of debt. 

7. The Senate shall be composed of members to be 
chosen for four years, in the following proportions, by 
the citizens of this State, qualified to elect members to 
the House of Representatives, at the same time, in the 
same manner, and at the same places, where they shall 
vote for representatives, viz.: 

Charleston, (including St. Philip and St. Michael,) 
two members; Christ church, one member; St. John, 
Berkeley, one member; St. Andrew, one member; St. 
George, one member; St. James, Goose Creek, one 
member; St. Thomas and St. Dennis, one member; St. 
Paul, one member; St. Bartholomew, one member; St 
Tames, Santee, one member; St. John, Colleton, ono 
member; St. Stephens, one member; St. Helena, one 


CONSTITUTION OF SOUTH CAROLINA. 175 

member, St. Luke, one member; Prince William, one 
member; St. Peter, one member; All Saints, one mem¬ 
ber; Winyaw and Williamsburgh, one member; Liberty 
and Kingston one member; Marlborough, Chesterfield, 
and Darlington, two members; York, one member; Fair- 
field, Richland and Chester, one member; Lancaster and 
Kershaw, one member; Claremont and Clarendon, one 
member; Abbeville, one member; Edgefield, one mem¬ 
ber; Newbury, (including the fork between Broad and 
Saluda rivers,) one member; Laurens, one member; 
Union, one member; Spartan, one member; Greenville, 
one member; Pendleton, one member; St. Matthew and 
Orange, one member; Winton, (including the district be¬ 
tween Savannah river and the north fork of Edisto,) one 
member; Saxe Gotha, one member. 

8. No person shall be eligible to a seat in the Senate, 
unless he is a free white man, of the age of thirty years, 
and hath been a citizen and resident in this State for five 
years previous to his election. If a resident in the elec¬ 
tion district, he shall not be eligible unless he be legally 
seized and possessed, in his own right, of a settled free¬ 
hold estate of the value of three hundred pounds sterling, 
clear of debt. If a non-resident in the election district, 
he shall not be eligible unless he be legally seized and 
possessed, in his own right, of a settled freehold estate, 
in the said district, of the value of one thousand pounds 
sterling, clear of debt. 

9. Immediately after the senators shall be assembled, 
in consequence of the first election, they shall be divided 
by lot into two classes. The seats of the senators of the 
first class shall be vacated at the expiration of the second 
year, and of the second class, at the end of the fourth 
year; so that one-half thereof, as near as possible, may 
be chosen, for ever thereafter, every second year, for the 
term of four years. 

10. Senators and members of the House of Represen¬ 
tatives, shall be chosen on the second Monday in Octo¬ 
ber next, and the day following: and on the same days 
in every second year thereafter, in such manner, and at 
•*ich times, as are herein directed ; and shall meet on tho 


176 CONSTITUTION OF SOUTH CAROLINA. 

fourth Monday in November annually, at Columbia, 
(which shall remain the seat of government until other¬ 
wise determined, by the concurrence of two-thirds oi 
both branches of the whole representation.) unless the 
casualties of war, or contagious disorders should render 
it unsafe to meet there; in either of which cases, the 
Governor or commander-in-chief for the time being, may, 
by proclamation, appoint a more secure and convenient 
place of meeting. 

11. Each House shall judge of the elections, returns, 
and qualifications of its own members ; and a majority of 
each House shall constitute a quorum to do business: but 
a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent mem¬ 
bers, in such manner and under such penalties as may be 
provided by law. 

12. Each House shall choose by ballot its own officers, 
determine its rules of proceedings, punish its members 
for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member, but not a second time for the 
same cause. 

13. Each House may punish, by imprisonment, during 
sitting, any person, not a member, who shall be guilty of 
disrespect to the House, by any disorderly or contemptu¬ 
ous behavior in its presence—or who, during the time of 
its sitting, shall threaten harm to body or estate of any 
member, for any thing said or done in either House; or 
who shall assault any of them therefor ; or who shall as¬ 
sault or arrest any witness or other person ordered to at¬ 
tend the House, in his going to or returning therefrom; 
or who shall rescue any person arrested by order of the 
House. 

14. The members of both Houses shall be protected in 
their persons and estates, during their attendance on, go¬ 
ing to, and returning from the legislature, and ten days 
previous to their sitting, and ten days after the adjourn¬ 
ment of the legislature. But these privileges shall not be 
extended so as to protect any member who shall be 
charged with treason, felony, or breach of the peace. 

15. Bills for raising a revenue shall originate in the 


CONSTITUTION OF SOUTH CAROLINA. 377 

House of Representatives, but may be altered, amended 
or rejected by the Senate. 

All other bills may originate in either House, and may 
be amended, altered, or rejected by the other. 

16. No bill or ordinance shall have the force of law, 
until it shall have been read three times, and on three se¬ 
veral days, in each House, has had the great seal affixed 
to it, and has been signed, in the Senate-House, by the 
President of the Senate and Speaker of the House of Repre¬ 
sentatives. 

17. No money shall be drawn out of the public trea¬ 
sury, but by the legislative authority of the State. 

18. The members of the legislature, who shall assem¬ 
ble under this Constitution, shall be entitled to receive 
out of the public treasury, 3 s a compensation for their ex¬ 
penses, a sum not exceeding seven shillings sterling a 
day, during their attendance on, going to, and returning 
from the legislature : but the same may be increased or 
diminished by law, if circumstances shall require ; but 
no alterations shall be made by any legislature, to take 
effect during the existence of the legislature which shall 
make such alteration. 

19. Neither House shall, during their session, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two Houses 
shall be sitting. 

20. No bill or ordinance, which shall have been reject¬ 
ed by either House shall be brought in again during the 
sitting, without leave of the House, and notice of six days 
being previously given. 

21. No person shall be eligible to a seat in the legislature 
whilst he holds any office of profit or trust under this 
State, the United States, or either of them, or under any 
other power—except officers in the militia, army, or 
navy of this State, justices of the peace, or justices of the 
county courts, while they receive no salaries ; nor shall 
any contractor of the army or navy of this State, the 
United States, or either of them, or the agents of such 
contractor, be eligible to a seat in either House. And if 
any member shall accept or exercise any of said disquali 
fying officers, he shall vacate his seat. 


178 CONSTITUTION OF SOUTH CAROLINA. 

22. If any election district shall neglect to choose a 
member or members, on the days of election, or if any 
person chosen a member of either House shall refuse to 
qualify and take his seat, or should die, depart the State, 
or accept any disqualifying office, a writ of election shall 
he issued by the President of the Senate, or Speaker of 
the House of Representatives, as the case may be, for the 
purpose of filling up the vacancy thereby occasioned, for 
the remainder of the term for which the person so refusing 
to qualify, dying, departing the State, or accepting a dis¬ 
qualifying office, was elected to serve. 

23. And whereas the ministers of the gospel are, by 
their profession, dedicated to the service of God, and the 
care of souls, and ought not to be diverted from the great 
duty of their functions : therefore, no minister of the gos¬ 
pel, or public preaeher, of any religious persuasion, whilst 
he continues in the exercise of his pastoral functions, shall 
be eligible to the office of Governor, Lieutenant-Governor, 
or a seat in the Senate or House of Representatives. 

Article 2. 

Sec. 1 . The executive authority of this state shall be in¬ 
vested in a Governor, to be chosen in manner following: as 
soon as may be, after the first meeting of the Senate and 
House of Representatives and at every first meeting of the 
House of Representatives thereafter, when a majority of 
both Houses shall be present, the Senate and House 
of Representatives, shall, jointly, in the House of Repre¬ 
sentatives, choose, by ballot, a Governor, to continue for 
two years, and until a new election shall be made. 

2. No person shall be eligible to the office of Governor, 
unless he hath attained the age of thirty years, and hath 
resided within this State, and been a citizen thereof, ten 
years, and unless he be seized and possessed of a settled 
estate within the same, in his own right, of the value of 
fifteen hundred pounds sterling, clear of debt. 

No person, having served two years as Governor, shall 
be re-eligible to that office, till after the expiration of four 
years. 

No person shall hold the office of Governor, or any 
other office or commission, civil or military, except in the 


CONSTITUTION OF SOUTH CAROLINA. 


179 


militia, either in this State, or under any State, or the 
United States, or in any other power, at one and the 
same time. 

3. A Lieutenant-Governor shall be chosen at the same 
time, in the same manner, continue in office for the same 
period, and be possessed of the same qualifications as the 
Governor. 

4. A member of the Senate or House of Representa¬ 
tives, being chosen, and acting as Governor or Lieutenant- 
Governor, shall vacate his seat, and another person shall 
be elected in his stead. 

5. In case of the impeachment of the Governor, or his 
removal from office, death, resignation, or absence from 
the State, the Lieutenant-Governor shall succeed to his 
office. And in case of the impeachment of the Lieute¬ 
nant-Governor, or his removal from office, death, resigna¬ 
tion, or absence from the State, the President of the Senate 
shall succeed to his office, till a nomination to those offices 
respectively shall be made by the Senate and House of 
Representatives, for the remainder of the time for which 
the officer so impeached, removed from office, dying, re¬ 
signing, or being absent, was elected. 

6. The Governor shall be commander-in-chief of the 
army and navy of this State, and of the militia, except 
when they shall be called into the actual service of the 
United States. 

7. He shall have power to grant reprieves and pardons, 
after conviction, exce )t in cases of impeachment, in such 
manner, on such terms, and under restrictions, as he 
shall think proper, and he shall have power to remit 
fines and forfeitures, unless otherwise directed by 
law. 

8. He shall take care that the laws be faithfully exe¬ 
cuted in mercy. 

9. He shall have power to prohibit the exportation of 
provision, for any time not exceeding thirty days. 

10. He shall at stated times, receive for his services a 
compensation, which shall neither be increased or di¬ 
minished during the period for which he shall have been 
ttected. 


ISO CONSTITUTION OF SOUTH CAROLINA. 

11. All officers in the executive department, when re 
paired by the Governor, shall give him information, in 
writing, upon any subject relating to the duties of their 
respective offices. 

12. The Governor shall from time to time, give to the 
general Assembly information of the condition of the 
State, and recommend to their consideration such mea¬ 
sures as he shall judge necessary or expedient. 

13. He may, on extraordinary occasions, convene the 
general Assembly, and, in case of disagreement between 
the two Houses with respect to the time of adjournment, 
adjourn them to such time as he shall think proper, not 
beyond the fourth Monday in the month of November 
then ensuing. 


Article 3. 

Sec. 1 . The judicial power shall be vested in such su¬ 
perior and inferior courts of law and equity, as the legis¬ 
lature shall, from time to time, direct and establish. 

The judges of each shall hold their commissions du¬ 
ring good behavior; and judges of the superior courts 
shall, at stated times, receive a compensation for their 
services, which shall neither be increased or diminished 
during their continuance in office: but they shall receive 
no fees or perquisites of office, nor hold any other office 
of profit or trust, under this State, the United States, or 
any other power. 

2. The style of all processes shall be, “ the State of 
South Carolina .” All prosecutions shall be carried on in 
the name and by the authority of the State of South Car¬ 
olina, and conclude— “against the peace and dignity of 
the same.” 


Article 4. 

All persons who shall be chosen or appointed to any 
office of profit or trust, before entering on the execution 
thereof, shall take the following oath: “Ido swear (or 
affirm) that I am duly qualified, according to the Consti¬ 
tution of this State, to exercise the office to which I have 
been appointed, and will, to the best of my abilities, dis- 


CONSTITUTION OF SOUTH CAROLINA. 


181 


charge the duties thereof, and preserve, protect, and de* 
fend the Constitution of this State, and of the United 
States.” 


Article 5. 

Sec 1 . That the House of Representatives shall have 
the sole power of impeaching ; but no impeachment shall 
be made, unless with the concurrence of two-thirds of 
the House of Representatives. 

2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, the senators shall be on 
oath or affirmation : and no person shall be convicted 
without the concurrence of two-thirds of the members 
present. 

3. The Governor, Lieutenant-Governor, and all the 
civil officers, shall be liable to impeachment for any mis¬ 
demeanor in office ; but. judgment in such cases shall not 
extend further than to a removal from office, and dis¬ 
qualification to hold any office of honor, trust, or profit, 
under this State. The party convicted shall, neverthe¬ 
less, be liable to indictment, trial, judgment, and punish¬ 
ment, according to law. 

Article 6. 

Sec. 1 . The judges of the superior courts, the com¬ 
missioners of the treasury, secretary of the State, and sur¬ 
veyor-general, shall be elected by the joint ballot of both 
Houses, in the House of Representatives. The commis¬ 
sioners of the treasury, secretary of this State, and sur¬ 
veyor-general, shall hold their offices for four years : but 
shall not be eligible again for four years after the expira¬ 
tion of the time for which they shall have been elected. 

2. All other officers shall be appointed as they hither¬ 
to have been, until otherwise directed by law; but she¬ 
riffs shall hold their offices for four years, and not be 
again eligible for four years after the tercn for which they 
shall have been elected. 

3. All commissions shall be in the name and by the au¬ 
thority of the State of South Carolina, and be sealed with 
the seal of the State, and be signed by the Governor. 


182 


CONSTITUTION OF SOUTH CAROLINA. 


Article 7. 

All laws in force in this State at the passing of this 
Constitution, shall so continue until altered or repealed 
by the legislature; except where they are temporary, in 
■which case they shall expire at times respectively limited 
for their duration, if not continued by act of the legisla¬ 
ture. 


Article 8. 

Sec. 1 . The free exercise and enjoyment of religious 
profession and worship, without discrimination or pre¬ 
ference, shall, for ever hereafter, be allowed within this 
State to all mankind : Provided, that the liberty of con¬ 
science thereby declared, shall not be so construed as to 
excuse acts of licentiousness, or justify practices inconsis¬ 
tent with the peace or safety of this State. 

2. The rights, privileges, immunities, and estates of 
both civil and religious societies and of corporated bodies, 
shall remain as if the Constitution of this State had not 
been altered or amended. 

Article 9. 

Sec. 1 . All power is originally vested in the people , 
and all free governments are founded on their authority, 
and are instituted for their peace, safety, and happiness. 

2 . No freeman of this State shall be taken, or impri¬ 
soned, or disseized of his freehold, liberties, or privileges, 
or outlawed, or exiled, or in any manner destroyed, or 
deprived of his life, liberty, or property, but by the 
judgment of his peers, or by the law of the land : nor 
shall any bill of attainder, ex post facto law, or law im¬ 
pairing the obligation of contracts, ever be passed by the 
legislature of this State. 

3. The military shall be subordinate to the civil power. 

4. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 

5. The legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office, the ap¬ 
pointment to which shall be for any longer time than du¬ 
ring good behavior. 


CONSTITUTION! OF SOUTH CAROLINA. 


183 


6 . The trial by jury, as heretofore used in this State, 
and the liberty of the press, shall be for ever inviolably 
preserved. 


Article 10. 

Sec. 1 . The business of the treasury shall be in future 
conducted by two treasurers, one of whom shall hold his 
office and reside in Columbia ; and the other shall hold 
his office and reside in Charleston. 

2 . The secretary of state and surveyor-general shall 
hold their offices both in Columbia and in Charleston. 
They shall reside at one place, and their deputies at the 
other. 

3. At the conclusion of the circuits, the judges shall 
meet and sit at Columbia, for the purpose of hearing and 
determining all motions which may be made for new 
trials, and in arrest of judgments, and such points of law 
as may be submitted to them. From Columbia they shall 
proceed to Charleston, and there hear and determine all 
such motions for new trials, and in arrest of judgment, 
and such points of law as may be submitted to them. 

4. The Governor shall always preside, during the sit¬ 
ting of the legislature, at the place where their sessions 
may be held, and at all other times, wherever, in his 
opinion, the public good may require. 

5. The legislature shall, as soon as may be convenient, 
pass laws for the abolition of the rights of primogenitures, 
and for giving an equitable distribution of the real estate 
of intestates. 

Article 11. 

No Convention of the people shall be called, unless by 
the concurrence of two-thirds of both branches of the 
whole representation. 

No part of this Constitution shall be altered, unless a bill 
to alter the same shall have been read three times in the 
House of Representatives, and three times in the Senate, 
and agreed to by two-thirds of both branches of the whole 
representation ; neither shall any alteration take place until 
the bill so agreed to be published three months previous 
to a new election for members to the House of Repre 


184 CONSTITUTION OF SOUTH CAROLINA. 

sentatives ; and if the alteration proposed by the legisla¬ 
ture shall be agreed to in their first session by two-thirds 
of the whole representation in both branches of the legis¬ 
lature, after the same shall have been read three times, 
on three several days in each House, then, and not other¬ 
wise, the same shall become a part of the Constitution. 
Done in Convention, at Columbia, in the State of 
South Carolina, the third day of June, in the year 
of our Lord 1790, and in the fourteenth year of the 
Independence of the United States of America. 

By the unanimous order of the Convention , 

CHARLES PINCKNEY, President . 


AMENDMENTS. 

Amendments ratified December 17, 1808. 

The following sections, in amendment of the third, 
seventh, and ninth sections of the first article of the Con¬ 
stitution of this State, shall be, and they are hereby de¬ 
clared to be, valid parts of the said Constitution ; and the 
said third, seventh, and ninth sections, or such parts 
thereof as are repugnant to such amendments, are hereby 
repealed and made void. 

The House of Representatives shall consist of one hun¬ 
dred and twenty-four members, to be apportioned among 
the several election districts of the State, according to the 
number of white inhabitants contained, and the amount 
of all taxes raised by the legislature, whether director in¬ 
direct, or of whatever species, paid in each, deducting 
therefrom all taxes paid on account of property held in 
any other district, and adding thereto ail taxes elsewhere 
paid on account of property held in such district. An 
enumeration of the white inhabitants, for this purpose, 
shall be made in the year one thousand eight hun¬ 
dred and nine, and in the course of every tenth year 
thereafter, in such manner as shall be by law directed • 



CONSTITUTION OP SOUTH CAROLINA. 


m 


and representatives shall be assigned to the different dis- 
‘ricts in the above-mentioned proportion, by act of the 
legislature, at the session immediately succeeding the 
above enumeration. 

If the enumeration herein directed should not be made 
in the course of the year appointed for the purpose by 
these amendments, it shall be the duty of the Governor 
to have it effected as soon thereafter as shall be practica¬ 
ble. 

In assigning representatives to the several districts of 
the State, the legislature shall allow one representative for 
every sixty-second part of the whole number of white in¬ 
habitants in the State ; and one representative also for 
every sixty-second part of the whole taxes raised by the 
legislature of the State. The legislature shall further 
allow one representative for such fractions of the sixty- 
second part of the white inhabitants of the State, and of 
the sixty-second part of the taxes raised by the legisla¬ 
ture of the State, as, when added together, form a unit. 

In every apportionment of representation under these 
amendments, which shall take place after the first appor¬ 
tionment, the amount of taxes shall be estimated from the 
average of the ten preceding years ; but the first appor¬ 
tionment shall be founded upon the tax of the preceding 
year, excluding from the amount thereof the whole pro¬ 
duce of the lax on sales at public auction. 

If, in the apportionment of representatives under these 
amendments, any election district shall appear not to be 
entitled, from its population and its taxes, to a represen¬ 
tative, such election district shall, nevertheless, send one 
representative; and, if there should still be a deficiency 
of the number of representatives required by these amend 
ments, such deficiency shall be supplied by assigning re¬ 
presentatives to those election districts having the largest 
surplus fractions ; whether those fractions consist of a 
combination of population and of taxes, or of population 
or of taxes separately, until the number of one hundred 
and twenty-four members be provided. 

No apportionment, under these amendments shall be 
construed to take effect, in any manner, until the gene 
ral election which shall succeed such apportionment. 

41 


186 


CONSTITUTION OF SOUTH CAROLINA. 


The election districts, for members of the House of 
Representatives, shall be and remain as heretofore esta¬ 
blished, except Saxe Gotha and Newberry ; in which the 
boundaries shall be altered, as follows, viz.: That part 
of Lexington in the fork of Broad and Saluda rivers shall 
no longer compose a part of the election district of New¬ 
berry, but shall be henceforth attached to, and form a par* 
of, Sixe Gotha. And, also, except Orange and Barn¬ 
well, or Winton, in which the boundaries shall be alter¬ 
ed, as follows, viz.: That part of Orange in the fork of 
Edisto shall no longer compose a part of the election dis¬ 
trict of Barnwell, or Winton, but shall be henceforth at¬ 
tached to, and form a part of, Orange election district. 

The Senate shall be composed of one member from 
each election district, as now established for the election 
of members of the House of Representatives, except the 
district formed by the parishes of St. Philip and St. Mi¬ 
chael, to which shall be allowed two senators as hereto¬ 
fore. 

The seats of those senators who under the Constitu¬ 
tion shall represent two or more election districts, on the 
day preceding the second Monday of October, which will 
be in the year one thousand eight hundred and ten, shall 
be vacated on that day, and the new senators who shall 
represent such districts under these amendments, shall, 
immediately after they shall have been assembled under 
*he first election, be divided by lots into two classes ; the 
seats of the senators of the first class shall be vacated at 
the expiration of the second year, and of the second class, 
at the expiration of the fourth year; and the number in 
these classes shall be so proportioned, that one-half of the 
whole number of senators may, as nearly as possible, 
continue to be chosen thereafter every second year. 

None of these amendments becoming parts of the Con¬ 
stitution of this State shall be altered, unless a bill to alter 
the same shall have been read on three several days in 
the House of Representatives, and on three several days 
in the Senate, and agreed to at the second and third read¬ 
ing by two-thirds of the whole representation in each 
branch of the legislature ; neither shall any alteration take 
place, until the bill so agreed to be published three months 


CONSTITUTION OF OHIO. 


187 


previous to a new election for members to the House of 
Representatives; and if the alteration proposed by the 
legislature shall be agreed to in their first session, by two- 
Ihirds of the whole representation, in each branch of the 
legislature, after the same shall have been read on three 
several days in each House, then, and not otherwise, the 
same shall become a part of the Constitution. 

AMENDMENT RATIFIED DECEMBER 19, 1816. 

That the third section of the tenth article of the Con¬ 
stitution of this State be altered and amended to read as 
follows: The judges shall, at such times and places as 
shall be prescribed by act of the legislature of this State, 
meet and sit for the purpose of hearing and determining 
all motions which may be made for new trials, and in ar¬ 
rest of judgment, and such points of law as may be sub¬ 
mitted to them. 


CONSTITUTION OF OHIO. 


We, the people of the state of Ohio, grateful to Al¬ 
mighty God for our freedom, to secure its blessings and 
promote our common welfare, do establish this constitution. 

Article 1. —Bill of Rights. 

1. All men are by nature free and independent, and 
have certain inalienable rights, among which are those of 
enjoying and defending life and liberty, acquiring, pos¬ 
sessing, and protecting property, and seeking and obtaining 
happiness and safety. 

2. All political power is inherent in the people. Go¬ 
vernment is instituted for their equal protection and 
benefit, and they have the right to alter, reform, or abolish 
the same, whenever they may deem it necessary; and no 
special privileges or immunities shall ever be granted that 



188 


CONSTITUTION OF OHIO. 


may not be altered, revoked, or repealed by the general 
assembly. 

3. The people have a right to assemble together in a 
peaceable manner, to consult for their common good, to 
instruct their representatives, and to petition the general 
assembly for the redress of grievances. 

4. The people have the right to bear arms for their 
defence and security; but standing armies in time of peace 
are dangerous to liberty, and shall not be kept up; and 
the military shall be in strict subordination to the civil 
power. 

5. The right of trial by jury shall be inviolate. 

6 . There shall be no slavery in this state, nor involun¬ 
tary servitude, unless for the punishment of crime. 

7. All men have a natural and indefeasible right to 
worship Almighty Grod according to the dictates of their 
own conscience. No person shall be compelled to'attend, 
erect, or support any place of worship, or maintain any 
form of worship, against his consent; and no preference 
shall be given by law to any religious society; nor shall 
any interference with the rights of conscience be per¬ 
mitted. No religious test shall be required as a qualifica¬ 
tion for office, nor shall any person be incompetent to be 
a witness on account of his religious belief; but nothing 
herein shall be construed to dispense with oaths and affir¬ 
mations. Religion, morality, and knowledge, however, 
being essential to good government, it shall be the duty 
of the general assembly to pass suitable laws to protect 
every religious denomination in the peaceable enjoyment 
of its own mode of public worship, and to encourage 
schools and the means of instruction. 

8 . The privilege of the writ of habeas corpus shall not 
be suspended, unless in cases of rebellion or invasion, and 
the public safety require it. 

9. All persons shall be bailable by sufficient sureties, 
except for capital offences, where the proof is evident, or 
the presumption great. Excessive bail shall not be re¬ 
quired ; nor excessive fines imposed; nor cruel and un¬ 
usual punishments inflicted. 

10. Except in cases of impeachment, and cases arising 
in the army and navy, or in the militia when in actual 


CONSTITUTION OP OHIO. 


189 


service in time of war or public danger, and in cases of 
petit larceny and other inferior offences, no person shall 
be held to answer for a capital or otherwise infamous 
crime, unless on presentment or indictment of a grand 
jury. In any trial, in any court, the party accused shall 
be allowed to appear and defend in person and with 
counsel; to demand the nature and cause of the accusa¬ 
tion against him, and to have a copy thereof; to meet the 
witnesses face to face, and to have compulsory process to 
procure the attendance of witnesses in his behalf, and a 
speedy public trial by an impartial jury of the county or 
district in which the offence is alleged to have been com¬ 
mitted ; nor shall any person be compelled, in any criminal 
case, to be a witness against himself, or be twice put in 
jeopardy for the same offence. 

11. Every citizen may freely speak, write, and publish 
his sentiments on all subjects, being responsible for the 
abuse of the right; and no law shall be passed to restrain 
or abridge the liberty of speech, or of the press. In all 
criminal prosecutions for libel, the truth may be given in 
evidence to the jury, and if it shall appear to the jury, 
that the matter charged as libellous is true, and was pub¬ 
lished with good motives, and for justifiable ends, the 
party shall be acquitted. 

12. No person shall be transported out of the state, for 
any offence committed within the same; and no conviction 
shall work corruption of blood, or forfeiture of estate. 

13. No soldier shall, in time of peace, be quartered in 
any house, without the consent of the owner; nor in time 
of war, except in the manner prescribed by law. 

14. The right of the people to be secure in their per¬ 
sons, houses, papers, and possessions, against unreasonable 
searches and seizures, shall not be violated; and no war¬ 
rant shall issue, but upon probable cause, supported by 
oath or affirmation, particularly describing the place to be 
searched, and the person and things to be seized. 

15. No person shall be imprisoned for debt in any 
civil action or mesne or final process, unless in cases 
of fraud. 

16. All courts shall be open, and every person, for an 
injury done him in his land, goods, person, or reputation, 

41* 


190 


CONSTITUTION OF OHIO. 


shall have remedy by due course of law; and justice ad¬ 
ministered without denial or delay. 

17. No hereditary emoluments, honors, or privileges 
shall ever be granted or conferred by this state. 

18. No power of suspending laws shall ever be exercised, 
except by the general assembly. 

19. Private property shall ever be held inviolate, but 
subservient to the public welfare. When taken in time 
of war or other public exigency, imperatively requiring 
its immediate seizure, or for the purpose of making or 
repairing roads, which shall be open to the public without 
charge, a compensation shall be made to the owner, in 
money; and, in all other cases where private property 
shall be taken for public use, a compensation therefor 
shall be first made in money, or first secured by a deposit 
of money; and such compensation shall be assessed by a 
jury, without deduction for benefits to any property of the 
owner. 

20. This enumeration of rights shall not be construed 
to impair or deny others retained by the people; and all 
powers, not herein delegated, remain with the people. 

Article 2.— Legislative. 

1. The legislative power of this state shall be vested 
in a general assembly, which shall consist of a senate and 
house of representatives. 

2. Senators and representatives shall be elected bien¬ 
nially, by the electors in the respective counties or districts, 
on the second Tuesday of October: their term of office 
shall commence on the first day of January next there¬ 
after, and continue two years. 

3. Senators and representatives shall have resided in 
their respective counties, or districts, one year next pre¬ 
ceding their election, unless they shall have been absent 
on the public business of the United States, or of this 
state. 

4. No person holding office under the authority of the 
United States, or any lucrative office under the authority 
of this state, shall be eligible to, or have a seat in, the 
general assembly; but this provision shall not extend to 


CONSTITUTION OF OI1IO. 


191 


township officers, justices of the peace, notaries public, or 
officers of the militia. 

5. No person hereafter convicted of an embezzlement 
of the public funds shall hold any office in this state; 
nor shall any person, holding public money for disburse¬ 
ment, or otherwise, have a seat in the general assembly, 
until he shall have accounted for and paid such money 
into the treasury. 

6 . Each house shall be judge of the election, returns, 
and qualifications of its own members; a majority of all 
the members elected to each house shall be a quorum to 
do business; but a less number may adjourn from day to 
day, and compel the attendance of absent members, in 
such manner, and under such penalties, as shall be pre¬ 
scribed by law. 

7. The mode of organizing the house of representatives, 
at the commencement of each regular session, shall be 
prescribed by law. 

8 . Each house, except as otherwise provided in this 
constitution, shall choose its own officers, may determine 
its own rules of proceeding, punish its members for dis¬ 
orderly conduct, and, with the concurrence of two-thirds, 
expel a member, but not the second time for the same 
cause; and shall have all other powers, necessary to pro¬ 
vide for its safety, and the undisturbed transaction of its 
business. 

9. Each house shall keep a correct journal of its pro¬ 
ceedings, which shall be published. At the desire of any 
two members, the yeas and nays shall be entered upon the 
journal; and, on the passage of every bill, in either house, 
the vote shall be taken by yeas and nays, and entered 
upon the journal; and no law shall be passed, in either 
house, without the concurrence of a majority of all the 
members elected thereto. 

10. Any member of either house shall have the right 
to protest against any act or resolution thereof; and such 
protest, and"the reasons therefor, shall, without alteration, 
commitment, or delay, be entered upon the journal. 

11. All vacancies which may happen in either house 
shall, for the unexpired term, be filled by election, as shall 
be directed by law. 


192 


CONSTITUTION OF OHIO. 


12. Senators and representatives, during the session of 
the general assembly, and in going to and returning from 
the same, shall be privileged from arrest, in all cases 
except treason, felony, or breach of the peace; and for 
any speech, or debate, in either house, they shall not be 
questioned elsewhere. 

13. The proceedings of both houses shall be public, 
except in cases which, in the opinion of two-thirds of 
those present, require secrecy. 

14. Neither house shall, without the consent of the 
other, adjourn for more than two days, Sundays excluded; 
nor to any other place than that in which the two houses 
shall be in session. 

15. Bills may originate in either house; but may be 
altered, amended, or rejected in the other. 

16. Every bill shall be fully and distinctly read, on 
three different days, unless, in case of urgency, three- 
fourths of the house, in which it shall be pending, shall 
dispense with this rule. No bill shall contain more than 
one subject, which shall be clearly expressed in its title; 
and no law shall be revived, or amended, unless the new 
act contain the entire act revived, or the section or sections 
amended; and the section or sections so amended shall 
be repealed. 

17. The presiding officer of each house shall sign, pub¬ 
licly, in the presence of the house over which he presides, 
while the same is in session, and capable of transacting 
business, all bills and joint resolutions passed by the 
general assembly. 

18. The style of the laws of this state shall be, “Be 
it enacted by the General Assembly of the State of 
Ohio.” 

19. No senator or representative shall, during the term 
for which he shall have been elected, or for one year 
thereafter, be appointed to any civil office under this state, 
which shall be created, or the emoluments of which shall 
have been increased, during the term for which he shall 
have been elected. 

20. The general assembly, in cases not provided for in 
this constitution, shall fix the term of office and the com¬ 
pensation of all officers; but no change therein shall affect 


CONSTITUTION OF OHIO. 193 

the salary of any officer during his existing term, unless 
the office be abolished. 

21. The general assembly shall determine, by law, 
before what authority, and in what manner, the trial of 
contested elections shall be conducted. 

22. No money shall be drawn from the treasury, except 
in pursuance of a specific appropriation, made by law; 
and no appropriation shall be made for a longer period 
than two years. 

23. The house of representatives shall have the sole 
power of impeachment, but a majority of the members 
elected must concur therein. Impeachments shall be tried 
by the senate; and the senators, when sitting for that 
purpose, shall be upon oath or affirmation to do justice 
according to law and evidence. No person shall be con¬ 
victed without the concurrence of two-thirds of the 
senators. 

24. The governor, judges, and all state officers, may be 
impeached for any misdemeanor in office; but judgment 
shall not extend further than removal from office, and 
disqualification to hold any office under the authority of 
this state. The party impeached, whether convicted or 
not, shall be liable to indictment, trial, and judgment, 
according to law. 

25. All regular sessions of the general assembly shall 
commence on the first Monday of January, biennially. 
The first session, under this constitution, shall commence 
on the first Monday of January, one thousand eight hun¬ 
dred and fifty-two. 

26. All laws of a general nature shall have a uniform 
operation throughout the state ; nor shall any act, except 
such as relates to public schools, be passed, to take effect 
upon the approval of any other authority than the gene¬ 
ral assembly, except as otherwise provided in this consti¬ 
tution. 

27. The election and appointment of all officers, and 
the filling of all vacancies, not otherwise provided for by 
this constitution, or the constitution of the United States, 
shall be made in such manner as may be directed by law; 
but no appointing power shall be exercised by the general 
assembly, except as prescribed in this constitution, and in 


194 


CONSTITUTION OF OHIO. 


the election of United States senators; and in these cases 
the vote shall be taken 11 viva voce” 

28. The general assembly shall have no power to pass, 
but may, by general laws, authorize courts to carry into 
effect, upon such terms as shall be just and equitable, the 
manifest intention of parties and officers, by curing omis¬ 
sions, defects, and errors, in instruments and proceedings, 
arising out of their want of conformity with the laws of 
this state. 

29. No extra compensation shall be made to any officer, 
public agent, or contractor, after the service shall have 
been rendered, or the contract entered into; nor shall any 
money be paid, on any claim, the subject-matter of which 
shall not have been provided for by pre-existing law, unless 
such compensation, or claim, be allowed by two-thirds of 
the members elected to each branch of the general as¬ 
sembly. 

30. No new county shall contain less than four hundred 
square miles of territory, nor shall any county be reduced 
below that amount; and all laws creating new counties, 
changing county lines, or removing county seats, shall, 
before taking effect, be submitted to the electors of the 
several counties to be affected thereby, at the next general 
election after the passage thereof, and be adopted by a 
majority of all the electors voting at such election, in each 
of said counties; but any county now or hereafter con¬ 
taining one hundred thousand inhabitants may be divided 
whenever a majority of the voters, residing in each of the 
proposed divisions, shall approve of the law passed for that 
purpose; but no town or city within the same shall be 
divided, nor shall either of the divisions contain less than 
twenty thousand inhabitants. 

31. The members and officers of the general assembly 
shall receive a fixed compensation, to be prescribed by 
law, and no other allowance or perquisites, either in the 
payment of postage or otherwise; and no change in their 
compensation shall take effect during their term of office. 

32. The general assembly shall grant no divorce, 
nor exercise any judicial power, not herein expressly 
conferred. 


CONSTITUTION OF OHIO. 


105 


Article 3.— Executive. 

1. The executive department shall consist of a 
governor, lieutenant-governor, secretary of state, auditor, 
treasurer, and an attorney-general, who shall be chosen by 
the electors of the state, on the second Tuesday of October, 
and at the places of voting for members of the general 
assembly. 

2. The governor, lieutenant-governor, secretary of state, 
treasurer, and attorney-general, shall hold their offices for 
two years; and the auditor for four years. Their terms 
of office shall commence on the second Monday of January 
next after their election, and continue until their successors 
are elected and qualified. 

3. The returns of every election for the officers named 
in the foregoing section shall be sealed up and transmitted 
to the seat of government, by the returning officers, di¬ 
rected to the president of the senate, who, during the 
first week of the session, shall open and publish them, 
and declare the result, in the presence of a majority of 
the members of each house of the general assembly. The 
person having the highest number of votes shall be de¬ 
clared duly elected; but if any two or more shall be 
highest and equal in votes for the same office, one of 
them shall be chosen by the joint vote of both houses. 

4. Should there be no session of the general assembly 
in January next after an election for any of the officers 
aforesaid, the returns of such election shall be made to 
the secretary of state, and opened, and the result declared 
by the governor, in such manner as may be provided by 
law. 

5. The supreme executive power of this state shall be 
vested in the governor. 

6 . He may require information, in writing, from the 
officers in the executive department, upon any subject re¬ 
lating to the duties of their respective offices; and shall 
see that the laws are faithfully executed. 

7. He shall communicate at every session, by message, 
to the general assembly, the condition of the state, and 
recommend such measures as he shall deem expedient. 


196 


CONSTITUTION OF OHIO. 


8 . He may, on extraordinary occasions, convene the 
general assembly by proclamation, and shall state to both 
houses, when assembled, the purpose for which they have 
been convened. 

9. In case of disagreement between the two houses in 
respect to the time of adjournment, he shall have power 
to adjourn the general assembly to such time as he may 
think proper, but not beyond the regular meetings thereof. 

10. He shall be commander-in-chief of the military 
and naval forces of the state, except when they shall be 
called into the service of the United States. 

11. He shall have power, after conviction, to grant re¬ 
prieves, commutations, and pardons, for all crimes and 
offences, except treason and cases of impeachment, upon 
such conditions as he may think proper; subject, however, 
to such regulations, as to the manner of applying for par¬ 
dons, as may be prescribed by law. Upon conviction for 
treason, he may suspend the execution of the sentence, 
and report the case to the general assembly, at its next 
meeting, when the general assembly shall either pardon, 
commute the sentence, direct its execution, or grant a 
further reprieve. He shall communicate to the general 
assembly, at every regular session, each case of reprieve, 
commutation, or pardon granted, stating the name and 
crime of the convict, the sentence, its date, and the date 
of the commutation, pardon, or reprieve, with his reasons 
therefor. 

12. There shall be a seal of the state, which shall be 
kept by the governor, and used by him officially, and shall 
be called “The Great Seal of the State of Ohio.” 

13. All grants and commissions shall be issued in the 
name, and by the authority, of the state of Ohio; sealed 
with the Great Seal; sigued by the governor, and counter¬ 
signed by the secretary of state. 

14. No member of congress, or other person holding 
office under the authority of this state or of the United 
States, shall execute the office of governor, except as 
herein provided. 

15. In case of death, impeachment, resignation, re¬ 
moval, or other disability of the governor, the powers and 
duties of the office, for the residue of the term, or until 


CONSTITUTION OF OHIO. 197 

he shall he acquitted, or the disability removed, shall de¬ 
volve upon the lieutenant-governor. 

16. The lieutenant-governor shall be president of the 
senate, but shall vote only when the senate is equally 
divided; and in case of his absence, or impeachment, or 
when he shall exercise the office of governor, the senate 
shall choose a president pro tempore. 

17. If the lieutenant-governor, while executing the 
office of governor, shall be impeached, displaced, resign, 
or die, or otherwise become incapable of performing the 
duties of the office, the president of the senate shall act 
as governor, until the vacancy is filled, or the disability 
removed; and if the president of the senate, for any of 
the above causes, shall be rendered incapable of perform¬ 
ing the duties pertaining to the office of governor, the 
same shall devolve upon the speaker of the house of repre¬ 
sentatives. 

18. Should the office of auditor, treasurer, secretary, 
or attorney-general, become vacant for any of the causes 
specified in the fifteenth section of this article, the governor 
shall fill the vacancy until the disability is removed, or a 
successor elected and qualified. Every such vacancy shall 
be filled by election, at the first general election that 
occurs more than thirty days after it shall have happened; 
and the person chosen shall hold the office for the full 
term fixed in the second section of this article. 

19. The officers mentioned in this article shall, at stated 
times, receive for their services a compensation to be 
established by law, which shall neither be increased nor 
diminished during the period for which they shall have 
been elected. 

20. The officers of the executive department, and of 
the public state institutions, shall, at least five days pre¬ 
ceding each regular session of the general assembly, 
severally report to the governor, who shall transmit such 
reports, with his message, to the general assembly. 

Article 4. — Judicial. 

1. The judicial power of the state shall be vested in 
a supreme court, in district courts, courts of common 
42 


198 


CONSTITUTION OF OHIO. 


pleas, courts of probate, justices of tbe peace, and in such 
other courts, inferior to the supreme court, in one or more 
counties, as the general assembly may from time to time 
establish. 

2 . The supreme court shall consist of five judges, a 
majority of whom shall be necessary to form a quorum, or 
to pronounce a decision. It shall have original jurisdic¬ 
tion in quo warranto, mandamus, habeas corpus, and pro¬ 
cedendo, and such appellate jurisdiction as may be pro¬ 
vided by law. It shall hold at least one term in each 
year, at the seat of government, and such other terms, 
at the seat of government, or elsewhere, as may be pro¬ 
vided by law. The judges of the supreme court shall be 
elected by the electors of the state at large. 

3. The state shall be divided into nine common pleas 
districts, of which the county of Hamilton shall constitute 
one, of compact territory, and bounded by county lines; 
and each of said districts, consisting of three or more 
counties, shall be subdivided into three parts, of compact 
territory, bounded by county lines, and as nearly equal in 
population as practicable; in each of which, one judge of 
the court of common pleas for the said district, and re¬ 
siding therein, shall be elected by the electors of said 
subdivision. Courts of common pleas shall be held, by 
one or more of these judges, in every county in the dis¬ 
trict, as often as may be provided by law; and more than 
one court, or sitting thereof, may be held at the same time 
in each district. 

4. The jurisdiction of the courts of common pleas, and 
of the judges thereof, shall be fixed by law. 

5. District courts shall be composed of the judges of 
the courts of common pleas of the respective districts, 
and one of the judges of the supreme court, any three of 
whom shall be a quorum, and shall be held in each county 
therein, at least once in each year; but, if it shall be 
found inexpedient to hold such court annually, in each 
county, of any district, the general assembly may, for 
such district, provide that said court shall hold at least 
three annual sessions therein, in not less than three places: 
Provided, that the general assembly may, by law, authorize 


CONSTITUTION OF OHIO. 


199 


the judges of each district to fix the times of holding the 
courts therein. 

6. The district court shall have like original jurisdic¬ 
tion with the supreme court, and such appellate jurisdic¬ 
tion as may be provided by law. 

7. There shall be established in each county a probate 
court, which shall be a court of record, open at all times, 
and holden by one judge, elected by the voters of the 
county, who shall hold his office for the term of three 
years, and shall receive such compensation, payable out 
of the county treasury, or by fees, or both, as shall be 
provided by law. 

8. The probate court shall have jurisdiction in probate 
and testamentary matters, the appointment of adminis¬ 
trators and guardians, the settlement of the accounts of 
executors, administrators, and guardians, and such juris¬ 
diction in habeas corpus, the issuing of marriage-licenses, 
and for the sale of land by executors, administrators, and 
guardians, and such other jurisdiction, in any county or 
counties, as may be provided by law. 

9. A competent number of justices of the peace shall 
be elected, by the electors, in each township in the several 
counties. Their term of office shall be three years, and 
their powers and duties shall be regulated by law. 

10. All judges, other than those provided for in this 
constitution, shall be elected by the electors of the judicial 
district for which they may be created, but not for a longer 
term of office than five years. 

11. The judges of the supreme court shall, immediately 
after the first election under this constitution, be classified 
by lot, so that one shall hold for the term of one year, 
one for two years, one for three years, one for four years, 
and one for five years; and at all subsequent elections 
the term of each of the said judges shall be for five years. 

12. The judges of the courts of common pleas shall, 
while in office, reside in the district for which they are 
elected; and their term of office shall be for five years. 

13. In case the office of any judge shall become vacant, 
before the expiration of the regular term for which he 
was elected, the vacancy shall be filled by appointment by 
the governor, until a successor is elected and qualified; 


200 


CONSTITUTION OF OHIO. 


and such successor shall be elected for the unexpired term, 
at the first annual election that occurs more than thirty 
days after the vacancy shall have happened. 

14. The judges of the supreme court, and of the court 
of common pleas, shall, at stated times, receive, for their 
services, such compensation as may be provided by law, 
which shall not be diminished, or increased, during their 
term of office; but they shall receive no fees or perquisites, 
nor hold any other office of profit or trust, under the 
authority of this state, or the United States. All votes 
for either of them, for any elective office, except a judicial 
office, under the authority of this state, given by the 
general assembly, or the people, shall be void. 

15. The general assembly may increase or diminish the 
number of the judges of the supreme court, the number 
of the districts of the court of common pleas, the number 
of judges in any district, change the districts, or the sub¬ 
divisions thereof, or establish other courts, whenever two- 
thirds of the members elected to each house shall concur 
therein; but no such change, addition, or diminution, shall 
vacate the office of any judge. 

16. There shall be elected in each county, by the electors 
thereof, one clerk of the court of common pleas, who shall 
hold his office for the term of three years, and until his 
successor shall be elected and qualified. He shall, by 
virtue of his office, be clerk of all other courts of record 
held therein; but the general assembly may provide, by 
law, for the election of a clerk, with a like term of office, 
for each or any other courts of records, and may authorize 
the judge of the probate court to perform the duties of 
clerk for his court, under such regulations as may be 
directed by law. Clerks of courts shall be removable for 
such cause, and in such manner, as shall be prescribed by 
law. 

17. Judges may be removed from office, by concurrent 
resolutions of both houses of the general assembly, if two- 
thirds of the members, elected to each house, concur 
therein; but no such removal shall be made, except upon 
complaint, the substance of which shall be entered on the 
journal, nor until the party charged shall have had notice 
thereof, and an opportunity to be heard. 


CONSTITUTION OP OHIO. 


201 


18. The several judges of the supreme court, of the 
common pleas, and of sueh other courts as may be created, 
shall, respectively, have and exercise such power and 
jurisdiction, at chambers, or otherwise, as may be directed 
by law. 

. 19. The general assembly may establish courts of con¬ 
ciliation, and prescribe their powers and duties; but such 
courts shall not render final judgment, in any case, except 
upon submission, by the parties, of the matter in dispute, 
and their agreement to abide such judgment. 

20. The style of all process shall be, “The State of 
Ohio;” all prosecutions shall be carried on in the name, 
and by the authority, of the state of Ohio; and all in¬ 
dictments shall conclude, “against the peace and dignity 
of the state of Ohio.” 

Article 5 . — Elective Franchise . 

1. Every white male citizen of the United States, of 
the age of twenty-one years, who shall have been a resident 
©f the state one year next preceding the election, and of 
the county, township, or ward in which he resides, such 
time as may be provided by law, shall have the quali¬ 
fications of an elector, and be entitled to vote at all 
elections. 

2. All elections shall be by ballot. 

3. Electors, during their attendance at elections, and 
in going to and returning therefrom, shall be privileged 
from arrest, in all cases, except treason, felony, and breach 
of the peace. 

4. The general assembly shall have power to exclude 
from the privilege of voting, or of being eligible to office, 
any person convicted of bribery, perjury, or otherwise in¬ 
famous crime. 

5. No person in the military, naval, or marine service 
of the United States, shall, by being stationed in any 
garrison, or military or naval station, within the state, be 
considered a resident of this state. 

6. No idiot, or insane person, shall be entitled to the 
privileges of an elector. 

42 * 


202 


CONSTITUTION OF OHIO 


Article 6 . — Education. 

1. The principal of all funds, arising from the sale, 
or other disposition of lands, or other property, granted 
or intrusted to this state for educational and religious 
purposes, shall forever be preserved inviolate and undi- 
minished; and the income arising therefrom shall be 
faithfully applied to the specific objects of the original 
grants, or appropriations. 

2. The general assembly shall make such provisions, by 
taxation, or otherwise, as, with the income arising from 
the school trust fund, will secure a thorough and efficient 
system of common schools throughout the state; but no 
religious or other sect, or sects, shall ever have any ex¬ 
clusive right to, or control of, any part of the school 
funds of this state. 

Article 7 .—Public Institutions. 

1. Institutions for the benefit of the insane, blind, 
and deaf and dumb, shall always be fostered and supported 
by the state, and be subject to such regulations as may 
be prescribed by the general assembly. 

2. The directors of the penitentiary shall be appointed 
or elected in such manner as the general assembly may 
direct; and the trustees of the benevolent, and other state 
institutions, now elected by the general assembly, and of 
such other state institutions as may be hereafter created, 
shall be appointed by the governor, by and with the ad¬ 
vice and consent of the senate; and upon all nominations 
made by the governor, the question shall be taken by 
yeas and nays and entered upon the journals of the senate. 

3. The governor shall have power to fill all vacancies 
that may occur in the offices aforesaid, until the next ses¬ 
sion of the general assembly, and until a successor to his 
appointee shall be confirmed and qualified. 

Article 8. —Public Debt and Public Works. 

1. The state may contract debts, to supply casual 
deficits or failures in revenues, or to meet expenses not 


CONSTITUTION OF OHIO. 


203 


otherwise provided for; but the aggregate amount of such 
debts, direct and contingent, whether contracted by virtue 
of one or more acts of the general assembly, or at different 
periods of time, shall never exceed seven hundred and 
fifty thousand dollars; and the money, arising from the 
creation of such debts, shall be applied to the purpose for 
which it was obtained, or to repay the debts so contracted, 
and to no other purpose whatever. 

2. In addition to the above limited power, the state 
may contract debts to repel invasion, suppress insurrection, 
defend the state in war, or to redeem the present out¬ 
standing indebtedness of the state; but the money, arising 
from the contracting of such debts, shall be applied to the 
purpose for which it was raised, or to repay such debts, 
and to no other purpose whatever; and all debts, incurred 
to redeem the present outstanding indebtedness of the 
state, shall be so contracted as to be payable by the sink¬ 
ing fund, hereinafter provided for, as the same shall accu¬ 
mulate. 

3. Except the debts above specified in sections one and 
two of this article, no debt whatever shall hereafter be 
created by, or on behalf of, the state. 

4. The credit of the state shall not, in any manner, be 
given or loaned to, or in aid of, any individual association 
or corporation whatever; nor shall the state ever hereafter 
become a joint owner, or stockholder, in any company or 
association, in this state, or elsewhere, formed for any 
purpose whatever. 

5. The state shall never assume the debts of any 
county, city, town, or township, or of any corporation 
whatever, unless such debt shall have been created to 
repel invasion, suppress insurrection, or defend the state 
in war. 

6. The general assembly shall never authorize any 
county, city, town, or township, by vote of its citizens, or 
otherwise, to become a stockholder in any joint-stock 
company, corporation, or association whatever; or to raise 
money for, or loan its credit to, or in aid of, any such 
company, corporation, or association. 

7. The faith of the state being pledged for the pay¬ 
ment of its public debt, in order to provide therefor, there 


204 


CONSTITUTION OF OHIO. 


shall be created a sinking fund, which shall oe sufficient 
to pay the accruing interest on such debt, and annually to 
reduce the principal thereof by a sura not less than one 
hundred thousand dollars, increased yearly, and each and 
every year, by compounding, at the rate of six per cent, 
per annum. The said sinking fund shall consist of the 
net annual income of the public works and stocks owned 
by the state, or any other funds or resources that are, or 
may be, provided by law, and of such further sum, to be 
raised by taxation, as may be required for the purposes 
aforesaid. 

8. The auditor of state, secretary of state, and attorney- 
general, are hereby created a board of commissioners, to 
be styled u The Commissioners of the Sinking Fund.” 

9. The commissioners of the sinking fund shall, imme¬ 
diately preceding each regular session of the general as¬ 
sembly, make an estimate of the probable amount of the 
fund provided for in the seventh section of this article, 
from all sources except from taxation, and report the same, 
together with all their proceedings relative to said fund 
and the public debt, to the governor, who shall transmit 
the same, with his regular message, to the general assembly; 
and the general assembly shall make all necessary provi¬ 
sion for raising and disbursing said sinking fund, in pur¬ 
suance of the provisions of this article. 

10. It shall be the duty of the said commissioners 
faithfully to apply said fund, together with all moneys 
that may be, by the general assembly, appropriated to that 
object, to the payment of the interest, as it becomes due, 
and the redemption of the principal of the public debt 
of the state, excepting only the school and trust funds 
held by the state. 

11. The said commissioners shall, semi-annually, make 
a full and detailed report of their proceedings to the 
governor, who shall immediately cause the same to be 
published, and shall also communicate the same to the 
general assembly, forthwith, if it be in session, and if 
not, then at its first session after such report shall be 
made. 

12. So long as this state shall have public works, which 
require superintendence, there shall be a board of public 


CONSTITUTION OF OHIO. 


205 


worlds, to consist of three members, who shall be elected 
by the people, at the first general election after the adop¬ 
tion of this constitution, one for the term of one year, 
one for the term of two years, and one for the term of 
three years; and one member of said board shall be 
elected annually thereafter, who shall hold his office for 
three years. 

13. The powers and duties of said board of public 
works and its several members, and their compensation, 
shall be such as now are, or may be, prescribed by law. 

Article 9.— Militia . 

1. All white male citizens, residents of this state, 
being eighteen years of age, and under the age of forty- 
five years, shall be enrolled in the militia, and perform 
military duty, in such manner, not incompatible with the 
constitution and laws of the United States, as may be 
prescribed by law. 

2. Majors-general, brigadiers-general, colonels, lieu¬ 
tenant-colonels, majors, captains, and subalterns, shall be 
elected by the persons subject to military duty, in their 
respective districts. 

3. The governor shall appoint the adjutant-general, 
quartermaster-general, and such other staff officers as may 
be provided for by law. Majors-general, brigadiers- 
general, colonels or commandants of regiments, battalions, 
or squadrons, shall, severally, appoint their staff, and 
captains shall appoint their non-commissioned officers and 
musicians. 

4. The governor shall commission all officers of the line 
and staff, ranking as such, and shall have power to call 
forth the militia, to execute the laws of the state, to sup¬ 
press insurrection and repel invasion. 

5. The general assembly shall provide by law for the 
protection and safe-keeping of the public arms. 

Article 10. — County and Township Organizations. 

1. The general assembly shall provide, by law, for 
the election of such county and township officers as may 
be necessary. 


200 


CONSTITUTION OF OIIIO. 


2. County officers shall be elected on the second Tues¬ 
day of October, until otherwise directed by law, by the 
qualified electors of each county, in such manner, and for 
such term, not exceeding three years, as may be provided 
by law. 

3. No person shall be eligible to the office of sheriff, or 
county treasurer, for more than four years in any period 
of six years. 

4. Township officers shall be elected on the first Monday 
of April, annually, by the qualified electors of their re¬ 
spective townships, and shall hold their offices for one 
year, from the Monday next succeeding their election, 
and until their successors are qualified. 

5. No money shall be drawn from any county or town¬ 
ship treasury, except by authority of law. 

6. Justices of the peace, and county and township offi¬ 
cers, may be removed, in such manner and for such cause, 
as shall be prescribed by law. 

7. The commissioners of counties, the trustees of town¬ 
ships, and similar boards, shall have such power of local 
taxation, for police purposes, as may be prescribed by law. 


Article 11. — Apportionment. 

1. The apportionment of this state for members of 
the general assembly shall be made every ten years, after 
the year one thousand eight hundred and fifty-one, in the 
following manner: The whole population of the state, as 
ascertained by the federal census, or in such other mode 
as the general assembly may direct, shall be divided by 
the number “One hundred/’ and the quotient shall be 
the ratio of representation in the house of representatives 
for ten years next succeeding such apportionment. 

2. Every county, having a population equal to one-half 
of said ratio, shall be entitled to one representative; every 
county, containing said ratio, and three-fourths over, shall 
be entitled to two representatives; every county, contain¬ 
ing three times said ratio, shall be entitled to three repre¬ 
sentatives: and so on, requiring after the first two an 
entire ratio for each additional representative. 


CONSTITUTION OT OHIO. 


207 


3. When any eounty shall have a fraction above the 
ratio, so large that, being multiplied by five, the result 
will be equal to one or more ratios, additional representa¬ 
tives shall be apportioned for such ratios, among the 
several sessions of ‘ the decennial period, in the following 
manner: If there be only one ratio, a representative shall 
be allotted to the fifth session of the decennial period; if 
there are two ratios, a representative shall be allotted to 
the fourth and third sessions respectively; if three, to 
the third, second, and first sessions respectively; if four., 
to the fourth, third, second, and first sessions respectively. 

4. Any county forming with another county or counties 
a representative district during one decennial period, if it 
have acquired sufficient population at the next decennial 
period, shall be entitled to a separate representation, if 
there shall be left, in the district from which it shall have 
been separated, a population sufficient for a representative; 
but no such change shall be made, except at the regular 
decennial period for the apportionment of representatives. 

5. If, in fixing any subsequent ratio, a eounty, pre¬ 
viously entitled to a separate representation, shall have 
less than the number required by the new ratio for a re¬ 
presentative, such county shall be attached to the eounty 
adjoining it having the least number of inhabitants; and 
the representation of the district so formed shall be 
determined as herein provided. 

6. The ratio for a senator shall, forever hereafter, be 
ascertained by dividing the whole population of the state 
by the number thirty-five. 

7. The state is hereby divided into thirty-three sena¬ 
torial districts, as follows : The county of Hamilton shall 
constitute the first senatorial district; the counties of 
Butler and Warren, the second; Montgomery and Preble, 
the third; Clermont and Brown, the fourth; Greene, 
Clinton, and Fayette, the fifth; Ross and Highland, the 
sixth; Adams, Pike, Scioto, and Jackson, the seventh; 
Lawrence, Gallia, Meigs, and Vinton, the eighth; Athens, 
Hocking, and Fairfield, the ninth; Franklin and Pick¬ 
away, the tenth; Clark, Champaign, and Madison, the 
eleventh; Miami, Darke, and Shelby, the twelfth; Logan, 
Union, Marion, and Hardin, the thirteenth; Washington 


208 


CONSTITUTION OF OHIO. 


and Morgan, the fourteenth; Muskingum and Perry, the 
fifteenth; Delaware and Licking, the sixteenth; Knox 
and Morrow, the seventeenth; Coshocton and Tuscarawas, 
the eighteenth; Guernsey and Monroe, the nineteenth; 
Belmont and Harrison, the twentieth; Carroll and Stark, 
the twenty-first; Jefferson and Columbiana, the twenty- 
second ; Trumbull and Mahoning, the twenty-third; Ash¬ 
tabula, Lake, and Geauga, the twenty-fourth; Cuyahoga, 
the twenty-fifth; Portage and Summit, the twenty-sixth; 
Medina and Lorain, the twenty-seventh; Wayne and 
Holmes, the twenty-eighth; Ashland and Richland, the 
twenty-ninth; Huron, Erie, Sandusky, and Ottawa, the 
thirtieth; Seneca, Crawford, and Wyandot, the thirty- 
first; Mercer, Auglaize, Allen, Yan Wert, Paulding, De¬ 
fiance, and Williams, the thirty-second; and Hancock, 
Wood, Luca 3 , Fulton, Henry, and Putnam, the thirty- 
third. For the first decennial period after the adoption 
of this constitution, each of said districts shall be entitled 
to one senator, except the first district, which shall be 
entitled to three senators. 

8. The same rules shall be applied, in apportioning the 
fractions of senatorial districts, and in annexing districts 
which may hereafter have less than three-fourths of a 
senatorial ratio, as are applied to representative dis¬ 
tricts. 

9. Any county forming part of a senatorial district, 
having acquired a population equal to a full senatorial 
ratio, shall be made a separate senatorial district, at any 
regular decennial apportionment, if a full senatorial ratio 
shall be left in the district from which it shall be taken. 

10. For the first ten years after the year one thousand 
eight hundred and fifty-one, the apportionment of repre¬ 
sentatives shall be as provided in the schedule, and no 
change shall ever be made in the principles of represen¬ 
tation, as herein established, or in the senatorial districts, 
except as above provided. All territory, belonging to a 
county at the time of any apportionment, shall, as to the 
right of representation and suffrage, remain an integral 
part thereof during the decennial period. 

11. The governor, auditor, and secretary of state, or 
any two of them, shall, at least six months prior to the 


CONSTITUTION OF OHIO. 


209 


October election in the year one thousand eight hundred 
and sixty-one, and at each decennial period thereafter, 
ascertain and determine the ratio of representation, accord¬ 
ing to the decennial census, the number of representatives 
and senators each county or district shall be entitled to 
elect, and for what years, within the next ensuing ten 
years; and the governor shall cause the same to be pub¬ 
lished, in such manner as shall be directed by law. 

JUDICIAL APPORTIONMENT. 

12. For judicial purposes, the state shall be appor¬ 
tioned as follows: 

The county of Hamilton shall constitute the first dis¬ 
trict, which shall not be subdivided; and the judges 
therein may hold separate courts, or separate sittings of 
the same court, at the same time. 

The counties pf Butler, Preble, and Darke shall con¬ 
stitute the first subdivision, Montgomery, Miami, and 
Champaign, the second, and Warren, Clinton, Greene, 
and Clark, the third subdivision, of the second district; 
and, together, shall form such district. 

The counties of Shelby, Auglaize, Allen, Hardin, Logan, 
Union, and Marion shall constitute the first subdivision, 
Mercer, Van Wert, Putnam, Paulding, Defiance, Williams, 
Henry, and Fulton, the second, and Wood, Seneca, Han¬ 
cock, Wyandot, and Crawford, the third subdivision, 
of the third district; and, together, shall form such dis¬ 
trict. 

The counties of Lucas, Ottawa, Sandusky, Erie, and 
Huron shall constitute the first subdivision, Lorain, 
Medina, and Summit, the second, and the county of 
Cuyahoga, the third subdivision, of the fourth district; 
and, together, shall form such district. 

The counties of Clermont, Brown, and Adams shall 
constitute the first subdivision, Highland, Ross, and 
Fayette, the second, and Pickaway, Franklin, and Madison 
the third subdivision, of the fifth ‘district: and, together, 
shall form such district. 

The counties of Licking, Knox, and Delaware shall 
constitute the first subdivision, Morrow, Richland, and 
43 


210 


CONSTITUTION OF OHIO. 


Ashland, the second, and Wayne, Holmes, and Coshocton, 
the third subdivision, of the sixth district; and, together, 
shall form such district. 

The counties of Fairfield, Perry, and Hocking shall 
constitute the first subdivision, Jackson, Vinton, Pike, 
Scioto, and Lawrenee, the second, and Gallia, Meigs, 
Athens, and Washington, the third subdivision, of the 
seventh district; and, together, shall form such district. 

The counties of Muskingum and Morgan shall consti¬ 
tute the first subdivision, Guernsey, Belmont, and Monroe, 
the second, and Jefferson, Harrison, and Tuscarawas, the 
third subdivision, of the eighth district; and, together, 
shall form such district. 

The counties of Stark, Carroll, and Columbiana shall 
constitute the first subdivision, Trumbull, Portage, and 
Mahoning, the second, and Geauga, Lake, and Ashtabula, 
the third subdivision, of the ninth district; and, together, 
shall form such district. 

13. The general assembly shall attach any new counties, 
that may hereafter be erected, to such districts, or sub¬ 
divisions thereof, as shall be most convenient. 

Article 12 .—Finance and Taxation. 

1. The levying of taxes, by the poll, is grievous and 
oppressive; therefore, the general assembly shall never 
levy a poll tax, for county or state purposes. 

2. Laws shall be passed, taxing, by a uniform rule, all 
moneys, credits, investments in bonds, stocks, joint-stock 
companies, or otherwise: and also all real and personal 
property, according to its true value in money; but bury- 
ing-grounds, public school-houses, houses used exclusively 
for public worship, institutions of purely public charity, 
public property used exclusively for any public purpose, 
and personal property, to an amount not exceeding in 
value two hundred dollars for each individual, may, by 
general laws, be exempted from taxation: but all such 
laws shall be subject to alteration or repeal; and the value 
of all property, so exempted, shall, from time to time, be 
ascertained and published, as may be directed by law. 


CONSTITUTION OP OHIO. 


211 


3. The general assembly shall provide by law for tax¬ 
ing the notes and bills discounted or purchased, moneys 
loaned, and all other property, effects, or dues of every 
description (without deduction) of all banks, now existing, 
or hereafter created, and of all bankers, so that all pro¬ 
perty employed in banking shall always bear a burden of 
taxation equal to that imposed on the property of indi¬ 
viduals. 

4. The general assembly shall provide for raising revenue, 
sufficient to defray the expenses of the state, for each year, 
and also a sufficient sum to pay the interest on the state 
debt. 

5. No tax shall be levied, except in pursuance of law; 
and every law imposing a tax shall state, distinctly, the 
object of the same, to which only it shall be applied. 

6. The state shall never contract any debt for purposes 
of internal improvement. 

Article 13.— Corporations . 

1. The general assembly shall pass no special act con¬ 
ferring corporate powers. 

2. Corporations may be formed under general laws; 
but all such laws may, from time to time, be altered' or 
repealed. 

3. Dues from corporations shall be secured, by such 
individual liability of the stockholders, and other means, 
as may be prescribed by law; but, in all cases, each stock¬ 
holder shall be liable, over and above the stock by him or 
her owned, and any amount unpaid thereon, to a further 
sum, at least equal in amount to such stock. 

4. The property of corporations, now existing or here¬ 
after created, shall forever be subject to taxation, the 
same as the property of individuals. 

5. No right of way shall be appropriated to the use of 
any corporation, until full compensation therefor be first 
made in money, or first secured by a deposit of money, to 
the owner, irrespective of any benefit from any improve¬ 
ment proposed by such corporation: which compensation 
shall be ascertained by a jury of twelve men, in a court 
of record, as shall be prescribed by law. 


212 


CONSTITUTION OF OHIO. 


6. Tlie general assembly shall provide for the organiza¬ 
tion of cities, incorporated villages, by general laws; and 
restrict their power of taxation, assessment, borrowing 
money, contracting debts, and loaning their credit, so as 
to prevent the abuse of such power. 

. 7. No act of the general assembly, authorizing associa¬ 
tions with banking powers, shall take effect, until it shall 
be submitted to the people, at the general election next 
succeeding the passage thereof, and be approved by a 
majority of all the electors voting at such election. 

Article 14.— Jurisprudence. 

1. The general assembly, at its first session after the 
adoption of this constitution, shall provide for the appoint¬ 
ment of three commissioners, and prescribe their tenure 
of office, compensation, and the mode of filling vacancies 
in said commission. 

2. The said commissioners shall revise, reform, simplify, 
and abridge the practice, pleadings, forms, and proceed¬ 
ings of the courts of record of this state; and, as far as 
practicable and expedient, shall provide for the abolition 
of the distinct forms of action at law, now in use, and 
for the administration of justice by a uniform mode of 
proceeding, without reference to any distinction between 
law and equity. 

3. The proceedings of the commissioners shall, from 
time to time, be reported to the general assembly, and be 
subject to the action of that body. 

Article 15.— Miscellaneous. 

1. Columbus shall be the seat of government, until 
otherwise directed by law. 

2. The printing of the laws, journals, bills, legislative 
documents, and papers for each branch of the general 
assembly, with the printing required for the executive 
and other departments of state, shall be let, on contract, 
to the lowest responsible bidder, by such executive officers, 
and in such manner, as shall be prescribed by law. 

3. An accurate and detailed statement of the receipts 


CONSTITUTION OF OHIO. 


213 


and expenditures of the public money, the several amounts 
paid, to whom, and on what account, shall, from time to 
time, he published, as shall be prescribed by law. 

4. No person shall be elected or appointed to any office 
in this state, unless he possess the qualifications of au 
elector. 

5. No person who shall hereafter fight a duel, assist in 
the same as second, or send, accept, or knowingly carry 
a challenge therefor, shall hold any office in this state. 

6. Lotteries, and the sale of lottery tickets, for any 
purpose whatever, shall forever be prohibited in this state. 

7. Every person chosen or appointed to any office under 
this state, before entering upon the discharge of his 
duties, shall take an oath or affirmation, to support the 
constitution of the United States, and of this state, and 
also an oath of office. 

8. There may be established, in the secretary of state’s 
office, a bureau of statistics, under such regulations as 
may be prescribed by law. 

Article 16. — Amendments. 

1. Either branch of the general assembly may propose 
amendments to this constitution; and, if the same shall 
be agreed to by three-fifths of the members elected to 
each house, such proposed amendments shall be entered 
on the journals, with the yeas and nays, and shall be pub¬ 
lished in at least one newspaper in each county pf the 
state, where a newspaper is published, for six months pre¬ 
ceding the next election for senators and representatives, 
at which time the same shall be submitted to the electors, 
for their approval or rejection; and if a majority of the 
electors, voting at such election, shall adopt such amend¬ 
ments, the same shall become a part of the constitution. 
When more than one amendment shall be submitted at 
the same time, they shall be so submitted, as to enable 
the electors to vote on each amendment separately. 

2. Whenever two-thirds of the members elected to each 
branch of the general assembly shall think it necessary 
to call a convention, to revise, amend, or change this con¬ 
stitution, they shall recommend to the electors to vote, at 

43 * 


214 


CONSTITUTION OF OHIO. 


the next election for members of the general assembly; 
for or against a convention; and if a majority of all the 
electors, voting at said election, shall have voted for a con¬ 
vention, the general assembly shall, at their next session, 
provide, by law, for calling the same. The convention 
shall consist of as many members as the house of repre¬ 
sentatives, who shall be chosen in the same manner, and 
shall meet within three months after their election, for the 
purpose aforesaid. 

3. At the general election, to be held in the year one 
thousand eight hundred and seventy-one, and in each 
twentieth year thereafter, the question, “ Shall there be 
a Convention to revise, alter, or amend the Constitution V* 
shall be submitted to the electors of the state; and in 
case a majority of all the electors, voting at such election, 
shall decide in favor of a convention, the general assem¬ 
bly, at its next session, shall provide, by law, for the elec¬ 
tion of delegates, and the assembling of such convention 
as is provided in the preceding section; but no amend¬ 
ment of this constitution, agreed upon by any convention 
assembled in pursuance of this article, shall take effect, 
until the same shall have been submitted to the electors 
of the state, and adopted by a majority of those voting 
thereon. 


SCHEDULE. 

1. All laws of this state, in force on the first day of 
September, one thousand eight hundred and fifty-one, not 
inconsistent with this constitution, shall continue in force, 
until amended or repealed. 

2. The first election for members of the general as¬ 
sembly, under this constitution, shall be held on the 
second Tuesday of October, one thousand eight hundred 
and fifty-one. 

3. The first election for governor, lieutenant-governor, 
auditor, treasurer, and secretary of state, and attorney- 
general, shall be held on the second Tuesday of October, 
one thousand eight hundred and fifty-one. The persons, 
holding said offices on the first day of September, one 


CONSTITUTION OF OHIO. 


215 


thousand eight hundred and fifty-one, shall continue there¬ 
in, until the second Monday of January, one thousand 
eight hundred and fifty-two. 

4. The first election for judges of the supreme court, 
courts of common pleas, and probate courts, and clerks of 
the courts of common pleas, shall be held on the second 
Tuesday of October, one thousand eight hundred and 
fifty-one, and the official term of said judges and clerks, 
so elected, shall commence on the second Monday of 
February, one thousand eight hundred and fifty-two. 
Judges and clerks of the courts of common pleas and 
supreme court, in office on the first day of September, 
one thousand eight hundred and fifty-one, shall continue 
in office with their present powers and duties, until the 
second Monday of February, one thousand eight hundred 
and fifty-two. No suit or proceeding, pending in any of 
the courts of this state, shall be affected by the adoption 
of this constitution. 

5. The register and receiver of the land office, directors 
of the penitentiary, directors of the benevolent institutions 
of the state, the state librarian, and all other officers, not 
otherwise provided for in this constitution, in office on the 
first day of September, one thousand eight hundred and 
fifty-one, shall continue in office until their terms expire, 
respectively, unless the general assembly shall otherwise 

superior and commercial courts of Cincinnati, 
and the superior court of Cleveland, shall remain, until 
otherwise provided by law, with their present powers and 
jurisdiction; and the judges and clerks of said courts, in 
office on the first day of September, one thousand eight 
hundred and fifty-one, shall continue in office, until the 
expiration of their terms of office, respectively, or until 
otherwise provided by law; but neither of said courts 
shall continue after the second Monday of February, one 
thousand eight hundred and fifty-three; and no suit shall 
be commenced in said two first-mentioned courts, after the 
second Monday of February, one thousand eight hundred 
and fifty-two, nor in said last-mentioned court, after the 
second Monday in August, one thousand eight hundred 
and fifty-two; and all business in either of said courts, not 


provide 
6. T 


216 


CONSTITUTION OP OHIO. 


disposed of within the time limited for their continuance 
as aforesaid, shall be transferred to the court of common 
pleas. 

7. All county and township officers and justices of the 
peace, in office on the first day of September, one thou¬ 
sand eight hundred and fifty-one, shall continue in office 
until their terms expire, respectively. 

8. Vacancies in office, occurring after the first day of 
September, one thousand eight hundred and fifty-one, 
shall be filled as is now prescribed by law, and until offi¬ 
cers are elected or appointed, and qualified under this 
constitution. 

9. This constitution shall take effect on the first day of 
September, one thousand eight hundred and fifty-one. 

10. All officers shall continue in office until their suc¬ 
cessors shall be chosen and qualified. 

11. Suits pending in the supreme court in banc shall 
be transferred to the supreme court, provided for in this 
constitution, and be proceeded in according to law. 

12. The district courts shall, in their respective coun¬ 
ties, be the successors of the present supreme court; and 
all suits, prosecutions, judgments, records, and proceed¬ 
ings, pending and remaining in said supreme court, in 
the several counties of any district, shall be transferred to 
the respective district courts of such counties, and be 
proceeded in, as though no change had been made in said 
supreme court. 

13. The said courts of common pleas shall be the suc¬ 
cessors of the present courts of common pleas in the 
several counties, except as to probate jurisdiction; and all 
suits, prosecutions, proceedings, records, and judgments, 
pending or being in said last-mentioned courts, except as 
aforesaid, shall be transferred to the courts of common 
pleas created by this constitution, and proceeded in as 
though the same had been therein instituted. 

14. The probate courts provided for in this constitu¬ 
tion, as to all matters within the jurisdiction conferred 
upon said courts, shall be the successors, in the several 
counties, of the present courts of common pleas; and the 
records, files, and papers, business and proceedings, apper¬ 
taining to said jurisdiction, shall be transferred to said 


CONSTITUTION OF OHIO* 


217 


courts of probate, and be there proceeded in, according 
to law. 

15. Until otherwise provided by law, elections for 
judges and clerks shall be held, and the poll books re¬ 
turned, as is provided for governor, and the abstract there¬ 
from, certified to the secretary of state, shall be by him 
opened, in the presence of the governor, who shall de¬ 
clare the result, and issue commissions to the persons 
elected. 

16. Where two or more counties are joined in a sena¬ 
torial, representative, or judicial district, the returns of 
elections shall be sent to the county having the largest 
population. 

17. The foregoing constitution shall be submitted to* 
the electors of the state, at an election to be held on the 
third Tuesday of June, one thousand eight hundred and 
fifty-one, in the several election districts of this state. 
The ballots at such election shall be written or printed as 
follows: Those in favor of the constitution, “New Con¬ 
stitution, Yes;” those against the constitution, “New 
Constitution, No.” The polls at the said election shall 
be opened between the hours of eight and ten o'clock, 
A.M., and closed at six o’clock, p.m. ; and the said elec¬ 
tion shall be conducted, and the returns thereof made and 
certified, to the secretary of state, as provided by law for 
annual elections of state and county officers. Within 
twenty days after such election, the secretary of state shall 
open the returns thereof, in the presence of the governor; 
and if it shall appear that a majority of all the votes, cast 
at such election, are in favor of the constitution, the 
governor shall issue his proclamation, stating that fact, 
and said constitution shall be the constitution of the state 
of Ohio, and not otherwise. 

18. At the time when the votes of the electors shall be 
taken for the adoption or rejection of this constitution, 
the additional section, in the words following, to wit: 
“No license to traffic in intoxicating liquors shall here¬ 
after be granted iu this state; but the general assembly 
may, by law, provide against evils resulting therefrom,” 
shall be separately submitted to the electors for adoption 
or rejection, in form following, to wit: A separate ballot 


218 


CONSTITUTION OF OHIO. 


may be given by every elector and deposited in a separate 
box. Upon the ballots given for said separate amend¬ 
ment shall be written or printed, or partly written and 
partly printed, the words : “ License to sell intoxicating 
liquors, Yes;” and upon the ballots given against said 
amendment, in like manner, the words : “ License to sell 
intoxicating liquors, No.” If, at the said election, a ma¬ 
jority of all the votes given for and against said amend¬ 
ment shall contain the words: “License to sell intoxi¬ 
cating liquors, No,” then the said amendment shall be a 
separate section of article fifteen of the constitution. 

19. The apportionment for the house of representatives, 
during the first decennial period under this constitution, 
shall be as follows : 

The counties of Adams, Allen, Athens, Auglaize, Car- 
roll, Champaign, Clark, Clinton, Crawford, Darke, Dela¬ 
ware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, 
Harrison, Hocking, Holmes, Lake, Lawrence, Logan, 
Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, 
Preble, Sandusky, Scioto, Shelby, and Union, shall, seve¬ 
rally, be entitled to one representative, in each session of 
the decennial period. 

The counties of Franklin, Licking, Montgomery, and 
Stark, shall each be entitled to two representatives, in each 
session of the decennial period. 

The counties of Ashland, Coshockton, Highland, Huron, 
Lorain, Mahoning, Medina, Miami, Portage, Seneca, 
Summit, and Warren, shall, severally, be entitled to one 
representative, in each session; and one additional repre¬ 
sentative, in the fifth session of the decennial period. 

The counties of Ashtabula, Brown, Butler, Clermont, 
Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, 
Richland, Trumbull, Tuscarawas, and Washington, shall, 
severally, be entitled to one representative, in each session; 
and two additional representatives, one in the third, and 
one in the fourth, session of the decennial period. 

The counties of Belmont, Columbiana, Ross, and Wayne, 
shall, severally, be entitled to one representative, in each 
session; and three additional representatives, one in the 
first, one in the second, and one in the third, session of 
each decennial period. 


CONSTITUTION OF KENTUCKY. 


219 


The county of Muskingum shall be entitled to two re¬ 
presentatives, in each session ; and one additional repre¬ 
sentative, in the fifth session of the decennial period. 

The county of Cuyahoga shall be entitled to two repre¬ 
sentatives, in each session ; and two additional representa¬ 
tives, one in the third, and one in the fourth, session of 
the decennial period. 

The county of Hamilton shall be entitled to seven 
representatives, in each session; and four additional re¬ 
presentatives, one in the first, one in the second, one in 
the third, and one in the fourth, session of the decennial 
period. 

The following counties, until they shall have acquired 
a sufficient population to entitle them to elect, separately, 
under the fourth section of the eleventh article, shall form 
districts in manner following, to wit: The counties of 
Jackson and Vinton, one district; the counties of Lucas 
and Fulton, one district; the counties of Wyandot and 
Hardin, one district; the counties of Mercer and Van 
Wert, one district; the couuties of Paulding, Defiance, 
and Williams, one district; the counties of Putnam and 
Henry, one district; and the counties of Wood and Ot¬ 
tawa, one district; each of which districts shall be 
entitled to one representative, in every session of the 
decennial period. 

Done in convention, at Cincinnati, the tenth day of 
March, in the year of our Lord one thousand eight hun¬ 
dred and fifty-one, and of the Independence of the United 
States the seventy-fifth. 

WILLIAM MEDILL, President. 
(Attest) Wm. H. Gill, Secretary. 


CONSTITUTION OF KENTUCKY. 

PREAMBLE. 

We, the representatives of the people of the state of 
Kentucky, in convention assembled, to secure to all the 



220 


CONSTITUTION OF KENTUCKY. 


citizens thereof the enjoyment of the rights of life, 
liberty, and property, and of pursuing happiness, do 
ordain and establish this constitution for its government: 

Article 1. — Concerning the Distribution of the Powers 
of Government. 

§ 1. The powers of the government of the state of 
Kentucky shall be divided into three distinct depart¬ 
ments, and each of them be confided to a separate body of 
magistracy, to wit: those which are legislative to one, 
those which are executive to another, and those which are 
judiciary to another. 

§ 2. No person, or collection of persons, being of one 
of those departments, shall exercise any power properly 
belonging to either of the others, except in the instances 
hereinafter expressly directed or permitted. 

Article 2. — Concerning the Legislative Department. 

§ 1. The legislative power shall be vested in a house 
of representatives and senate, which together shall be 
styled the general assembly of the commonwealth of 
Kentucky. 

§ 2. The members of the house of representatives shall 
continue in service for the term of two years from the day 
of the general election, and no longer. 

§ 3. Representatives shall be chosen on the first Mon¬ 
day in August, in every second year, and the mode of 
holding the elections shall be regulated by law. 

§ 4. No person shall be a representative, who, at the 
time of his election, is not a citizen of the United States, 
has not attained the age of twenty-four years, and who 
has not resided in this state two years next preceding his 
election, and the last year thereof in the county, town, or 
city, for which he may be chosen. 

§ 5. The general assembly shall divide each county of 
this commonwealth into convenient election precincts, or 
may delegate power to do so to such county authorities as 
may be designated by law; and elections for representa¬ 
tives for the several counties shall be held at the places 


CONSTITUTION OF KENTUCKY. 


221 


of holding their respective courts, and in the several elec¬ 
tion precincts into which the counties may be divided: 
Provided , that when it shall appear to the general assem¬ 
bly that any city or town hath a number of qualified voters 
equal to the ratio then fixed, such city or town shall be 
invested with the privilege of a separate representation, 
in either or both houses of the general assembly, which 
shall be retained so long as such city or town shall con¬ 
tain a number of qualified voters equal to the ratio which 
may, from time to time, be fixed by law; and, thereafter, 
elections for the county in which such city or town is 
situated, shall not be held therein; but such city or town 
shall not be entitled to a separate representation, unless 
such county, after the separation, shall also be entitled to 
one or more representatives. That whenever a city or 
town shall be entitled to a separate representation in 
either house of the general assembly, and by its numbers 
shall be entitled to more than one representative, such 
city or town shall be divided, by squares which are con¬ 
tiguous, so as to make the most compact form, into repre¬ 
sentative districts, as nearly equal as may be, equal to the 
number of representatives to which such city or town may 
be entitled; and one representative shall be elected from 
each district. In like manner shall said city or town be 
divided into senatorial districts, when, by the apportion¬ 
ment, more than one senator shall be allotted to such city 
or town; and a senator shall be elected from each senatorial 
district; but no ward or municipal division shall be di¬ 
vided by such division of senatorial or representative 
districts, unless it be necessary to equalize the elective, 
senatorial, or representative districts. 

§ 6. Representation shall be equal and uniform in this 
commonwealth, and shall be forever regulated and ascer¬ 
tained by the number of qualified voters therein. In the 
year 1850, again in the year 1857, and every eighth year 
thereafter, an enumeration of all the qualified voters of 
the state shall be made; and to secure uniformity and 
equality of representation, the state is hereby laid off into 
ten districts. The first district shall be composed of the 
counties of Fulton, Hickman, Ballard, McCracken, Graves, 
Calloway, Marshall, Livingston, Crittenden, Union, Hop- 
44 


222 CONSTITUTION OF KENTUCKY. 

kins, Caldwell, and Trigg. The second district shall be 
composed of the counties of Christian, Muhlenburg, Hen¬ 
derson, Daviess, Hancock, Ohio, Breckinridge, Meade, 
Grayson, Butler, and Edmonson. The third district shall 
be composed of the counties of Todd, Logan, Simpson, 
Warren, Allen, Monroe, Barren, and Hart. The fourth 
district shall be composed of the counties of Cumberland, 
Adair, Green, Taylor, Clinton, Russell, Wayne, Pulaski, 
Casey, Boyle, and Lincoln. The fifth district shall be 
composed of the counties of Hardin, Larue, Bullitt, 
Spencer, Nelson, Washington, Marion, Mercer, and An¬ 
derson. The sixth district shall be composed of the 
counties of Garrard, Madison, Estill, Owsley, Rockcastle, 
Laurel, Clay, Whitley, Knox, Harlan, Perry, Letcher, 
Pike, Floyd, and Johnson. The seventh district shall be 
composed of the counties of Jefferson, Oldham, Trimble, 
Carroll, Henry, and Shelby, and the city of Louisville. 
The eighth district shall be composed of the counties of 
Bourbon, Fayette, Scott, Owen, Franklin, Woodford, and 
Jessamine. The ninth district shall be composed of the 
counties of Clarke, Bath, Montgomery, Fleming, Lewis, 
Greenup, Carter, Lawrence, Morgan, and Breathitt. The 
tenth district shall be composed of the counties of Mason, 
Bracken, Nicholas, Harrison, Pendleton, Campbell, Grant, 
Kenton, Boone, and Gallatin. The number of represen¬ 
tatives shall, at the several sessions of the general assembly 
next after the making of the enumerations, be apportioned 
among the ten several districts, according to the number 
of qualified voters in each; and the representatives shall 
be apportioned, as near as may be, among the counties, 
towns, and cities in each district; and in making such 
apportionment the following rules shall govern, to wit: 
Every county, town, or city having the ratio shall have 
one representative; if double the ratio, two representa¬ 
tives, and so on. Next, the counties, towns, or cities 
having one or more representatives, and the largest num¬ 
ber of qualified voters above the ratio, and counties having 
the largest number under the ratio shall have a represen¬ 
tative, regard being always had to the greatest number of 
qualified voters: Provided , that when a county may not 
have a sufficient number of qualified voters to entitle it 


CONSTITUTION OF KENTUCKY. 


223 


to one representative, then such county may be joined to 
some adjacent county or counties, which counties shall 
send one representative. When a new county shall be 
formed of territory belonging to more than one district, it 
shall form a part of that district having the least number 
of qualified voters. 

§ 7. The house of representatives shall choose its 
speaker and other officers. 

§ 8. Eveiy free white male citizen, of the age of twenty- 
one years, who has resided in the state two years, or in 
the county, town, or city, in whieh he offers to vote, one 
year next preceding the election, shall be a voter; but 
such voter shall have been, for sixty days next preceding 
the election, a resident of the precinct in which he offers 
to vote, and he shall vote in said precinct, and not else¬ 
where. 

§ 9. Voters, in all cases except treason, felony, breach 
or surety of the peace, shall be privileged from arrest 
during their attendance at, going to, and returning from 
elections. 

§ 10. Senators shall be chosen for the term of four 
years, and the senate shall have power to choose its officers 
biennially. 

§ 11. Senators and representatives shall be elected, 
under the first apportionment after the adoption of this 
constitution, in the year 1851. 

§ 12. At the session of the general assembly next after 
the first apportionment under this constitution, the senators 
shall be divided by lot, as equally as may be, into two 
classes: the seats of the first class shall be vacated at the 
end of two years from the day of the election, and those 
of the second class at the end of four years, so that one- 
half shall be chosen every two years. 

§ 13. The number of representatives shall be one hun¬ 
dred, and the number of senators thirty-eight. 

§ 14. At every apportionment of representation, the 
state shall be laid off into thirty-eight senatorial districts, 
which shall be so formed as to contain, as near as may be, 
an equal number of qualified voters, and so that no county 
shall be divided in the formation of a senatorial district, 
except such county shall be entitled, under the enumera- 


224 


CONSTITUTION OF KENTUCKY. 


tion, to two or more senators; and where two or more 
counties compose a district they shall be adjoining. 

§ 15. One senator for each district shall be elected by 
the qualified voters therein, who shall vote in the precincts 
where they reside, at the places where elections are by 
law directed to be held. 

§ 16. No person shall be a senator who, at the time of 
his election, is not a citizen of the United States; has 
not attained the age of thirty years, and who has not re¬ 
sided in this state six years next preceding his election, 
and the last year thereof in the district for which he may 
be chosen. 

§ 17. The election for senators, next after the first 
apportionment under this constitution, shall be general 
throughout the state, and at the same time that the election 
for representatives is held, and thereafter, there shall be 
a biennial election for senators to fill the places of those 
whose term of service may have expired. 

§ 18. The general assembly shall convene on the first 
Monday in November, after the adoption of this constitu¬ 
tion, and again on the first Monday in November, 1851, 
and on the same day of every second year thereafter, 
unless a different day be appointed by law, and their ses¬ 
sions shall be held at the seat of government. 

§ 19. Not less than a majority of the members of each 
house of the general assembly shall constitute a quorum 
to do business, but a smaller number may adjourn from 
day to day, and shall be authorized by law to compel the 
attendance of absent members in such manner and under 
such penalties as may be prescribed thereby. 

§ 20. Each house of the general assembly shall judge 
of the qualifications, elections, and returns of its members ; 
but a contested election shall be determined in such man¬ 
ner as shall be directed by law. 

§ 21. Each house of the general assembly may deter¬ 
mine the rules of its proceedings, punish a member for 
disorderly behavior, and, with the concurrence of two- 
fhirds, expel a member; but not a second time for the 
same cause. 

§ 22. Each house of the general assembly shall keep 
and publish, weekly, a journal of its proceedings, and the 


CONSTITUTION OF KENTUCKY. 


225 


yeas and nays of the members on any question shall, 
at the desire of any two of them, be entered on their 
journal. 

§ 23. Neither house, during the session of the general 
assembly, shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that 
in which they may be sitting. 

§ 24. The members of the general assembly shall seve¬ 
rally receive from the public treasury a compensation for 
their services, which shall be three dollars a day during 
their attendance on, and twelve and a half cents per 
mile for the necessary travel in going to and returning 
from, the sessions of their respective houses: Provided , 
that the same may be increased or diminished by law; 
but no alteration shall take effect during the session at 
which such alteration shall be made; nor shall a session 
of the general assembly continue beyond sixty days, ex¬ 
cept by a vote of two-thirds of all the members elected to 
each house, but this shall not apply to the first session 
held under this constitution. 

§ 25. The members of the general assembly shall, in 
all cases except treason, felony, breach or surety of the 
peace, be privileged from arrest during their attendance 
at the sessions of their respective houses, and in going to 
and returning from the same; and for any speech or de¬ 
bate in either house, they shall not be questioned in any 
other place. 

§ 26. No senator or representative shall, during the 
term for which he was elected, nor for one year thereafter, 
be appointed or elected to any civil office of profit under 
this commonwealth, which shall have been created, or the 
emoluments of which shall have been increased, during 
the said term, except to such offices or appointments as 
may be filled by the election of the people. 

§ 27. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher of any reli¬ 
gious persuasion, society, or sect, nor while he holds or 
exercises any office of profit under this commonwealth, or 
under the government of the United States, shall be 
eligible to the general assembly, except attorneys-at-law, 
justices of the peace, and militia officers: Provided, that 


22G 


CONSTITUTION OF KENTUCKY. 


attorneys for the commonwealth, who receive a fixed an¬ 
nual salary, shall be ineligible. 

§ 28. No person who, at any time, may have been a 
collector of taxes or public moneys for the state, or the 
assistant or deputy of such collector, shall be eligible to 
the general assembly unless he shall have obtained a 
quietus, six months before the election, for the amount 
of such collection, and for all public moneys for which he 
may have been responsible. 

§ 29. No bill shall have the force of a law until, on 
three several days, it be read over in each house of the 
general assembly, and free discussion allowed thereon, 
unless, in cases of urgency, four-fifths of the house, where 
the bill shall be depending, may deem it expedient to 
dispense with this rule. 

§ 30. All bills for raising revenue shall originate in the 
house of representatives, but the senate may propose 
amendments, as in other bills : Provided , that they shall 
not introduce any new matter, under color of amendment, 
which does not relate to raising revenue. 

§ 31. The general assembly shall regulate, by law, by 
whom and in what manner writs of election shall be issued 
to fill the vacancies which may happen in either branch 
thereof. 

§ 32. The general assembly shall have no power to grant 
divorces, to change the names of individuals, or direct the 
sales of estates belonging to infants, or other persons 
laboring under legal disabilities, by special legislation; 
but by general laws shall confer such powers on the courts 
of justice. 

§ 33. The credit of this commonwealth shall never be 
given of loaned in aid of any person, association, muni¬ 
cipality, or corporation. 

§ 34. The general assembly shall have no power to pass 
laws to diminish the resources of the sinking fund, as now 
established by law, until the debt of the state be paid, 
but may pass laws to increase them; and the whole re¬ 
sources of said fund, from year to year, shall be sacredly 
set apart and applied to the payment of the interest and 
principal of the state debt, and to no other use or pur- 


CONSTITUTION OP KENTUCKY. 227 

pose, until the whole debt of the state is fully paid and 
satisfied. 

§ 35. The general assembly may contract debts to meet 
casual deficits or failures in the revenue, hut such debts, 
direct or contingent, singly or in the aggregate, shall not 
at any time exceed five hundred thousand dollars; and 
the moneys arising from loans creating such debts shall 
be applied to the purposes for which they were obtained, 
or to repay such debts: Provided , that the state may 
contract debts to repel invasion, suppress insurrection, 
or, if hostilities are threatened, provide for the public 
defence. 

§ 36. No act of the general assembly shall authorize 
any debt to be contracted on behalf of the commonwealth, 
except for the purposes mentioned in the thirty-fifth sec¬ 
tion of this article, unless provisions be made therein to 
lay and collect an annual tax sufficient to pay the interest 
stipulated, and to discharge the debt within thirty years: 
nor shall such act take effect until it shall have been sub¬ 
mitted to the people at a general election, and shall have 
received a majority of all the votes cast for and against it: 
Provided , that the general assembly may contract debts, 
by borrowing money to pay any part of the debt of the 
state, without submission to the people, and without 
making provision in the act authorizing the same for a 
tax to discharge the debt so contracted, or the iuterest 
thereon. 

§ 37. No law, enacted by the general assembly, shall 
relate to more than one subject, and that shall be ex¬ 
pressed in the title. 

§ 38. The general assembly shall not change the venue 
in any criminal or penal prosecution, but shall provide for 
the same by general laws. 

§ 39. The general assembly may pass laws authorizing 
writs of error in criminal or penal cases, and regulating 
the right of challenge of jurors therein. 

§ 40. The general assembly shall have no power to pass 
any act, or resolution, for the appropriation of any money, 
or the creation of any debt, exceeding the sum of one hun¬ 
dred dollars, at any one time, unless the same, on its final 
passage, shall be voted for by a majority of all the mem- 


228 


CONSTITUTION OF KENTUCKY. 


bers then elected to each branch of the general assembly, 
and the yeas and nays thereon entered on the journal. 

Article 3.— Concerning the Executive Department 

§ 1. The supreme executive power of the common¬ 
wealth shall be vested in a chief magistrate, who shall be 
styled the governor of the commonwealth of Kentucky. 

§ 2. The governor shall be elected for the term of four 
years, by the qualified voters of the state, at the time 
when, and places where, they shall respectively vote for 
representatives. The person having the highest number 
of votes shall be governor; but if two or more shall be 
equal and highest in votes, the election shall be deter¬ 
mined by lot, in such manner as the general assembly 
may direct. 

§ 3. The governor shall be ineligible for the succeeding 
four years after the expiration of the term for which he 
shall have been elected. 

§ 4. He shall be at least thirty-five years of age, and a 
citizen of the United States, and have been an inhabit¬ 
ant of this state at least six years next preceding his 
election. 

§ 5. He shall commence the execution of the duties of 
his office on the fifth Tuesday succeeding the day of the 
general election on which he shall have been chosen, and 
shall continue in the execution thereof until his successor 
shall have taken the oaths, or affirmations, prescribed by 
this constitution. 

§ 6. No member of Congress, or person holding any 
office under the United States, or minister of any reli¬ 
gious society, shall be eligible to the office of governor. 

§ 7. The governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the term for which he was elected. 

§ 8. He shall be commander-in-chief of the army and 
navy of this commonwealth, and of the militia thereof, 
except when they shall be called into the service of the 
United States; but he shall not command personally in 
the field, unless advised so to do by a resolution of the 
general assembly. 


CONSTITUTION OF KENTUCKY. 


229 


§ 9. He shall have power to fill vacancies that may 
occur, by granting commissions, which shall expire when 
such vacancies shall have been filled according to the pro¬ 
visions of this constitution. 

§ 10. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeach¬ 
ment. In cases of treason, he shall have power to grant 
reprieves until the end of the next session of the general 
assembly, in which the power of pardoning shall be 
vested; but he shall have no power to remit the fees of 
the clerk, sheriff, or commonwealth’s attorney, in penal or 
criminal cases. 

§ 11. He may require information, in writing, from the 
officers in the executive department, upon any subject re¬ 
lating to the duties of their respective offices. 

§ 12. He shall, from time to time, give to the general 
assembly information of the state of the commonwealth, 
and recommend to their consideration such measures as 
he may deem expedient. 

§ 13. He may, on extraordinary occasions, convene the 
general assembly at the seat of government, or at a differ¬ 
ent place if that should have become, since their last ad¬ 
journment, dangerous from an enemy, or from contagious 
disorders; and in case of disagreement between the two 
houses, with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper, not 
exceeding four months. 

§ 14. He shall take care that the laws be faithfully 
executed. 

§ 15. A lieutenant-governor shall be chosen at every 
regular election for governor, in the same manner, to con¬ 
tinue in office for the same time, and possess the same 
qualifications, as the governor. In voting for governor 
and lieutenant-governor, the electors shall state for whom 
they vote as governor, and for whom as lieutenant-go¬ 
vernor. 

§ 16. He shall, by virtue of his office, be speaker of 
the senate, have a right, when in committee of the whole, 
to debate and vote on all subjects, and, when the senate 
are equally divided, to give the casting vote. 

§ 17. Should the governor be impeached, removed from 


230 


CONSTITUTION OF KENTUCKY. 


office, die, refuse to qualify, resign, or be absent from tbe 
state, the lieutenant-governor shall exercise all the power 
and authority appertaining to the office of governor, until 
another be duly elected and qualified, or the governor ab¬ 
sent or impeached shall return or be acquitted. 

§ 18. Whenever the government shall be administered 
by the lieutenant-governor, or he shall fail to attend as 
speaker of the senate, the senators shall elect one of their 
own members as speaker for that occasion. And if, during 
the vacancy of the office of governor, the lieutenant- 
governor shall be impeached, removed from office, refuse 
to qualify, resign, die, or be absent from the state, the 
speaker of the senate shall, in like manner, administer 
the government: Provided , that whenever a vacancy 
shall occur in the office of governor, before the first two 
years of the term shall have expired, a new election for 
governor shall take place to fill such vacancy. 

§ 19. The lieutenant-governor, or speaker pro tempore 
of the senate, while he acts as speaker of the senate, shall 
receive for his services the same compensation which shall, 
for the same period, be allowed to the speaker of the 
house of representatives, and no more; and during the 
time he administers the government, as governor, shall re¬ 
ceive the same compensation which the governor would 
have received had he been employed in the duties of his 
office. 

§ 20. If the lieutenant-governor shall be called upon 
to administer the government, and shall, while in such 
administration, resign, die, or be absent from the state 
during the recess of the general assembly, it shall be 
the duty of the secretary of state, for the time-being, 
to convene the senate for the purpose of choosing a 
speaker. 

§ 21. The governor shall nominate, and, by and with 
the advice and consent of the senate, appoint, a secretary 
of state, who shall be commissioned during the term for 
which the governor was elected, if he shall so long be¬ 
have himself well. He shall keep a fair register, and 
attest all the official acts of the governor, and shall, when 
required, lay the same, and all papers, minutes, and 
vouchers relative thereto, before either house of the 


CONSTITUTION OF KENTUCKY. 23l 

general assembly; and shall perform such other duties as 
may be required of him by law. 

§ 22. Every bill which shall have passed both houses 
shall be presented to the governor. If he approve, he 
shall sign it; but if not, he shall return it, with his objec¬ 
tions, to the house in which it originated, who shall enter 
the objections at large upon their journal, and proceed to 
reconsider it. If, after such reconsideration, a majority 
of all the members elected to that house shall agree to 
pass the bill, it shall be sent, with the objections, to the 
other house, by which it shall likewise be considered, and 
if approved by a majority of all the members elected to 
that house, it shall be a law; but in such cases the votes 
of both houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill 
shall be entered upon the journals of each house, re¬ 
spectively. If any bill shall not be returned by the 
governor within ten days (Sundays excepted) after it 
shall have been presented to him, it shall be a law, in 
like manner as if he had signed it, unless the general 
assembly, by their adjournment, prevent its return; in 
which case it shall be a law, unless sent back within three 
days after their next meeting. 

§ 23. Every order, resolution, or vote, in which the 
concurrence of both houses may be necessary, except 
on a question of adjournment, shall be presented to the 
governor, and, before it shall take effect, be approved by 
him; or, being disapproved, shall be repassed by a ma¬ 
jority of all the members elected to both houses, accord¬ 
ing to the rules and limitations prescribed in case of a 

bill. 

§ 24. Contested elections for governor and lieutenant- 
governor shall be determined by both houses of the gene¬ 
ral assembly, according to such regulations as may be 
established by law. 

§ 25. A treasurer shall be elected by the qualified 
voters of the state, for the term of two years; and an 
auditor of public accounts, register of the land-office, and 
attorney-general, for the term of four years. The duties 
and responsibilities of these officers shall be prescribed by 
law: Provided, that inferior state officers, not specially 


232 


CONSTITUTION OF KENTUCKY. 


provided for in this constitution, may be appointed, or 
elected, in such manner as shall be prescribed by law, for 
a term not exceeding four years. 

§ 26. The first election, under this constitution, for 
governor, lieutenant-governor, treasurer, auditor of public 
accounts, register of the land-office, and attorney-general, 
shall be held on the first Monday in August in the year 
1851. 

Article 4. —Concerning the Judicial Department. 

§ 1. The judicial power of this commonwealth, both as 
to matters of law and equity, shall be vested in one 
supreme court, (to be styled the court of appeals,) the 
courts established by this constitution, and such courts, 
inferior to the supreme court, as the general assembly 
may, from time to time, erect and establish. 

CONCERNING THE COURT OF APPEALS. 

§ 2. The court of appeals shall have appellate jurisdic¬ 
tion only, which shall be coextensive with the state, 
under such restrictions ancj. regulations, not repugnant to 
this constitution, as may, from time to time, be prescribed 
by law. 

§ 3. The judges of the court of appeals shall, after 
their first term, hold their offices for eight years from 
and after their election, and until their successors shall be 
duly qualified, subject to the conditions hereinafter pre¬ 
scribed; but for any reasonable cause, the governor shall 
remove any of them on the address of two-thirds of each 
house of the general assembly: Provided , however , that 
the cause or causes for which such removal may be re¬ 
quired shall be stated at length in such address, and on 
the journal of each house. They shall, at stated times, 
receive for their services an adequate compensation, to be 
fixed by law, which shall not be diminished during the 
time for which they shall have been elected. 

§ 4. The court of appeals shall consist of four judges, 
any three of whom may constitute a court for the transac¬ 
tion of business. The general assembly, at its first session 


CONSTITUTION OF KENTUCKY. 


233 


after the adoption of this constitution, shall divide the 
state, by counties, into four districts, as nearly equal in 
voting population, and with as convenient limits as may 
be, in each of which the qualified voters shall elect one 
judge of the court of appeals : Provided , that whenever 
a vacancy shall occur in said court, from any cause, the 
general assembly shall have the power to reduce the num¬ 
ber of judges and districts; but in no event shall there 
be less than three judges and districts. Should a change 
in the number of the judges of the court of appeals be 
made, the term of office and number of districts shall be 
so changed as to preserve the principle of electing one 
judge every two years. 

§ 5. The judges shall, by virtue of their offices, be con¬ 
servators of the peace throughout the state. The style 
of all process shall be, “The Commonwealth of Ken¬ 
tucky.” All prosecutions shall be carried on in the name 
and by the authority of the commonwealth of Kentucky, 
and conclude “ against the peace and dignity of the same.” 

§ 6. The judges first elected shall serve as follows, to 
wit: one shall serve until the first Monday in August, 
1852; one until the first Monday in August, 1854; one 
until the first Monday in August, 1856; and one until the 
first Mouday in August, 1858. The judges, at the first 
term of the court succeeding their election, shall deter¬ 
mine, by lot, the length of time which each one shall 
serve; and at the expiration of the service of each, an 
election in the proper district shall take place to fill the 
vacancy. The judge having the shortest time to serve 
shall be styled the chief justice of Kentucky. 

§ 7. If a vacancy shall occur in said court from any 
cause, the governor shall issue a writ of election to the 
proper district to fill such a vacancy for the residue of the 
term : Provided , that if the unexpired term be less than 
one year, the governor shall appoint a judge to fill such 
vacancy. 

§ 8. No person shall be eligible to the office of judge 
of the court of appeals, who is not a citizen of the United 
States, a resident of the district for which he may be a 
candidate two years next preceding his election, at least 
thirty years of age, and who has not been a practising 
45 


234 


CONSTITUTION OF KENTUCKY. 


lawyer eight years, or whose service upon the bench of 
any court of record, when added to the time he may have 
practised law, shall not be equal to eight years. 

§ 9. The court of appeals shall hold its sessions at the 
seat of government, unless otherwise directed by law; but 
the general assembly may, from time to time, direct that 
said court shall hold sessions in any one or more of said 
districts. 

§ 10. The first election of the judges and clerk or 
clerks of the court of appeals shall take place on the 
second Monday in May, 1851, and thereafter, in each 
district, as a vacancy may occur by the expiration of the 
term of office; and the judges of the said court shall be 
commissioned by the governor. 

§11. There shall be elected, by the qualified voters of 
this state, a -clerk of the court of appeals, who shall hold 
his office, from the first election, until the first Monday in 
August, 1858, and thereafter for the term of eight years 
from and after his election ; and should the general assem¬ 
bly provide for holding the court of appeals in any one 
or more of said districts, they shall also provide for the 
election of a clerk by the qualified voters of such district, 
who shall hold his office for eight years, possess the same 
qualifications and be subject to removal in the same man¬ 
ner as the clerk of the court of appeals; but if the gene¬ 
ral assembly shall, at its first or any other session, direct 
the court of appeals to hold its sessions in more than one 
district, a clerk shall be elected by the qualified voters of 
such district. And the clerk, first provided for in this 
section, shall be elected by the qualified voters of the 
other district or districts. The same principle shall be 
observed whenever the court shall be directed to hold its 
sessions in either of the other districts. Should the num¬ 
ber of judges be reduced, the term of the office of clerk 
shall be six years. 

§ 12. No person shall be eligible to the office of clerk 
of the court of appeals, unless he be a citizen of the 
United States, a resident of the state two years next pre¬ 
ceding his election, of the age of twenty-one years, and 
have a certificate from a judge of the court of appeals, or 
a judge of the circuit court, that he has been examined 


CONSTITUTION OF KENTUCKY. 


235 


by the clerk of his court, under his supervision, and 
that he is qualified for the office for which he is a candi¬ 
date. 

§ 13. Should a vacancy occur in the office of clerk of 
the court of appeals, the governor shall issue a writ of 
election, and the qualified voters of the state, or of the 
district in which the vacancy may occur, shall elect a 
clerk of the court of appeals, to serve until the end of 
the term for which such clerk was elected : Provided , that 
when a vacancy shall occur from any cause, or the clerk 
be under charges upon information, the judges of the 
court of appeals shall have power to appoint a clerk pro 
tem., to perform the duties of clerk until such vacancy 
shall be filled or the clerk acquitted: And provided 
further , that no writ of election shall issue to fill a vacancy 
unless the unexpired term exceed one year. 

§ 14. The general assembly shall direct, by law, the 
mode and manner of conducting and making due returns 
to the secretary of state, of all elections of the judges and 
clerk or clerks of the court of appeals, and of deter¬ 
mining contested elections of any of these officers. 

§ 15. The general assembly shall provide for an addi¬ 
tional judge or judges, to constitute, with the remaining 
judge or judges, a special court for the trial of such cause 
or causes as may, at any time, be pending in the court of 
appeals, on the trial of which a majority of the judges can¬ 
not sit, on *account of interest in the event of the cause, or 
on account of their relationship to either party, or when a 
judge may have been employed in or decided the cause in 
the inferior court. 

CONCERNING THE CIRCUIT COURTS. 

§ 16. A circuit court shall be established in each 
county now existing, or which may hereafter be erected, 
in this commonwealth. 

§ 17. The jurisdiction of said court shall be and re¬ 
main as now established, hereby giving to the general 
assembly the power to change or alter it. 

§ 18. The right to appeal or sue out a writ of error to 
the court of appeals shall remain as it now exists, until 


236 


CONSTITUTION OF KENTUCKY. 


altered by law, hereby giving to the general assembly the 
power to change, alter, or modify said right. 

§ 19. At the first session after the adoption of this con¬ 
stitution, the general assembly shall divide the state into 
twelve judicial districts, having due regard to business, 
territory, and population : Provided , that no county shall 
be divided. 

§ 20. They shall, at the same time that the judicial 
districts are laid off, direct elections to be held in each 
district, to elect a judge for said district, and shall pre¬ 
scribe in what manner the election shall be conducted. 
The first election of judges of the circuit court shall take 
place on the second Monday in May, 1851, and after¬ 
wards on the first Monday in August, 1856, and on the 
first Monday in August in every sixth year thereafter. 

§ 21. All persons qualified to vote for members of the 
general assembly, in each district, shall have the right to 
vote for judges. 

§ 22. No person shall be eligible as judge of the circuit 
court who is not a citizen of the United States, a resident 
of the district for which he may be a candidate two years 
next preceding his election, at least thirty years of age, 
and who has not been a practising lawyer eight years, or 
whose service upon the bench of any court of record, 
when added to the time he may have practised law, shall 
not be equal to eight years. 

§ 23. The judges of the circuit court shall, after their 
first term, hold their office for the term of six years from 
the day of their election. They shall be commissioned 
by the governor, and continue in office until their suc¬ 
cessors be qualified, but shall be removable from office in 
the same manner as the judges of the court of appeals; 
and the removal of a judge from his district shall vacate 
his office. 

§ 24. The general assembly, if they deem it necessary, 
may establish one additional district every four years; but 
the judicial districts shall not exceed sixteen, until the 
population of this state shall exceed one million five hun¬ 
dred thousand. 

§ 25. The judges of the circuit courts shall, at stated 
times, receive for their services an adequate compensation, 


CONSTITUTION OF KENTUCKY. 


237 


to be fixed by law, which shall be equal and uniform 
throughout the state, and which shall not be diminished 
during the time for which they were elected. 

§ 26. If a vacancy shall occur in the office of judge of 
the circuit court, the governor shall issue a writ of election 
to fill such vacancy for the residue of the term: Provided, 
that if the unexpired term be less than one year, the 
governor shall appoint a judge to fill such vacancy. 

§ 27. The judicial districts of this state shall not be 
changed, except at the first session after an enumeration, 
unless when a new district may be established. 

§ 28. The general assembly shall provide by law for hold¬ 
ing circuit courts, when, from any cause, the judge shall 
fail to attend, or, if in attendance, cannot properly preside. 

CONCERNING COUNTY COURTS. 

§ 29. A county court shall be established in each county 
now existing, or which may hereafter be erected, within 
this commonwealth, to consist of a presiding judge, and 
two associate judges, any two of whom shall constitute a 
court for the transaction of business: Provided , the general 
assembly may at any time abolish the office of the associate 
judges, whenever it shall be deemed expedient; in which 
event they may associate with said court any or all of the 
justices of the peace for the transaction of business. 

§ 30. The judges of the county court shall be elected 
by the qualified voters in each county, for the term of four 
years, and shall continue in office until their successors be 
duly qualified, and shall receive such compensation for 
their services as may be provided by law. 

§ 31. The first election of county court judges shall 
take place at the same time of the election of judges of 
the circuit court. The presiding judge first elected shall 
hold his office until the first Monday in August, 1854. 
The associate judges shall hold their offices until the first 
Monday in August, 1852, and until their successors be 
qualified; and afterwards elections shall be held on the 
first Mondays in August, in the years in which vacancies 
regularly occur. 

§ 32. No person shall be eligible to the office of pre- 
45 * 


238 


CONSTITUTION OF KENTUCKY. 


siding or associate judge of the county court, unless he be 
a citizen of the United States, over tweuty-one years of 
age, and shall have been a resident of the county in which 
he shall be chosen one year next preceding the election. 

§ 33. The jurisdiction of the county court shall be re¬ 
gulated by law, and, until changed, shall be the same now 
vested in the county courts of this state. 

§ 34. Each county in this state shall be laid off into 
districts of convenient size, as the general assembly may, 
from time to time, direct. Two justices of the peace shall 
be elected in each district, by the qualified voters therein, 
at such time and place as may be prescribed by law, for 
the term of four years, whose jurisdiction shall be coex¬ 
tensive with the county: no person shall be eligible as a 
justice of the peace, unless he be a citizen of the United 
States, twenty-one years of age, and a resident of the 
district in which he may be a candidate. 

§ 35. Judges of the county court, and justices of the 
peace, shall be conservators of the peace. They shall be 
commissioned by the governor. County and district officers 
shall vacate their offices by removal from the district or 
county in which they shall be appointed. The general 
assembly shall provide, by law, the manner of conducting 
and making due return of all elections of judges of the 
county court and justices of the peace, and for determining 
contested elections, and provide the mode of filling vacan¬ 
cies in these offices. 

§ 36. Judges of the county court and justices of the 
peace, sheriffs, coroners, surveyors, jailers, county assessor, 
attorney for the county, and constables, shall be subject 
to indictment or presentment for malfeasance or misfeas¬ 
ance in office, or wilful neglect in the discharge of their 
official duties, in such mode as may be prescribed by law, 
subject to appeal to the court of appeals; and, upon con¬ 
viction, their offices shall become vacant. 

§ 37. The general assembly may provide, by law, that 
the justices of the peace in each county shall sit at the 
court of claims and assist in laying the county levy and 
making appropriations only. 

§ 38. When any city or town shall have a separate 
representation, such city or town, and the county in which 


CONSTITUTION OF KENTUCKY. 


239 


it is located, may have such separate municipal courts and 
executive and ministerial officers as the general assembly 
may, from time to time, provide. 

§ 39. The clerks of the court of appeals, circuit and 
county courts, shall be removable from office by the court 
of appeals, upon information and good cause shown. The 
court shall be judges of the fact as well as the law. Two- 
thirds of the members present must concur in the sentence. 

§ 40. The Louisville chancery court shall exist under 
this constitution, subject to repeal, and its jurisdiction to 
enlargement and modification by the general assembly. 
The chancellor £hali have the same qualifications as a 
circuit court judge, and the clerk of said court as a clerk 
of a circuit court, and the marshal of said court as a 
sheriff; and the general assembly shall provide for the 
election, by the qualified voters within its jurisdiction, of 
the chancellor, clerk, and marshal of said court, at the 
same time that the judge and clerk of the circuit court 
are elected for the county of Jefferson, and they shall hold 
their offices for the same time, and shall be removable in 
the same manner: 4 Provided, that the marshal of said 
court shall be ineligible for the succeeding term. 

§ 41. The city court of Louisville, the Lexington city 
court, and all other police courts established in any city 
or town, shall remain, until otherwise directed by law, with 
their present powers and jurisdictions; and the judges, 
clerks, and marshals of such courts shall have the same 
qualifications, and shall be elected by the qualified voters 
of such cities or towns, at the same time, and in the same 
manner, and hold their offices for the same term, as county 
judges, clerks, and sheriffs, respectively, and shall be 
liable to removal in the same manner. The general as¬ 
sembly may vest judicial powers, for police purposes, in 
mayors of cities, police judges, and trustees of towns. 

Article 5. — Concerning Impeachments. 

§ 1. The house of representatives shall have the sole 
power of impeachment. 

§ 2. All impeachments^shall be tried by the senate 
When sitting for that purpose, the senators shall be upon 


240 CONSTITUTION OF KENTUCKY. 

oath or affirmation. No person shall be convicted without 
the concurrence of two-thirds of the members present. 

§ 3. The governor and all civil officers shall be liable 
to impeachment for any misdemeanor in office; but judg¬ 
ment in such cases shall not extend further than to re¬ 
moval from office, and disqualification to hold tny office of 
honor, trust, or profit, under this commonwealth; but the 
party convicted shall, nevertheless, be subject and liable 
to indictment, trial, and punishment by law. 

Article 6. —Concerning Executive and Ministerial 
Officers for Counties and Districts. 

§ 1. A commonwealth’s attorney for each judicial dis¬ 
trict, and a circuit court clerk for each county, shall be 
elected, whose term of office shall be the same as that of 
the circuit judges; also, a county court clerk, an attorney, 
surveyor, coroner, and jailer, for each county, whose term 
of office shall be the same as that of the presiding judge 
of the county court. 

§ 2. No person shall be eligible to the offices mentioned 
in this article, who is not at the time twenty-four years 
old, (except clerks of county and circuit courts, sheriffs, 
constables, and county attorneys, who shall be eligible at 
the age of twenty-one years,) a citizen of the United States, 
and who has not resided two years next preceding the 
election, in the state, and one year in the county or dis¬ 
trict for which he is a candidate. No person shall be eli¬ 
gible to the office of commonwealth’s or county attorney, 
unless he shall have been a licensed practising attorney 
for two years. No person shall be eligible to the office of 
clerk unless he shall have procured from a judge of the 
court of appeals, or a judge of the circuit court, a certifi¬ 
cate that he has been examined by the clerk of his court, 
under his supervision, and that he is qualified for the 
office for which he is a candidate. 

§ 3. The commonwealth’s attorney and circuit court 
clerk shall be elected at the same time as the circuit judge, 
—the commonwealth’s attorney by the qualified voters of 
the district, the circuit court 6ferk by the qualified voters 
of the county. The county attorney, clerk, surveyor, 


CONSTITUTION OF KENTUCKY. 


241 


coroner, and jailer, shall be elected at the same time, and 
in the same manner, as the presiding judge of the county 
court. 

§ 4. A sheriff shall be elected in each county, by the 
qualified vq^ers thereof, whose term of office shall, after 
the first term, be two years, and until his successor be 
qualified; and he shall be re-eligible for a second term; 
but no sheriff .shall, after the expiration of the second 
term, be re-eligible, or act as deputy, for the succeeding 
term. The first election of sheriff shall be on the second 
Monday in May, 1851 j and the sheriffs then elected shall 
hold their offices until the first Monday in January, 1853, 
and until their successors be qualified; and on the first 
Monday in August, 1852, and on the first Monday of 
August in every second year thereafter, elections for 
sheriffs shall be held: Provided , that the sheriffs first 
elected shall enter upon the duties of their respective 
offices on the first Monday in June, 1851, and after the 
first election on the first Monday in January next suc¬ 
ceeding their election. 

§ 5. A constable shall be elected in every justice’s dis¬ 
trict, who shall be chosen for two years, at such time and 
place as may be provided by law, whose jurisdiction shall 
be coextensive with the county in which he may reside. 

§ 6. Officers for towns and cities shall be elected for 
such terms, and in such manner, and with such qualifica¬ 
tions, as may be prescribed by law. 

§ 7. Vacancies in offices under this article shall be filled, 
until the next regular election, in such manner as the 
general assembly may provide. 

§ 8. When a new county shall be erected, officers for 
the same, to serve until the next stated election, shall be 
elected or appointed in such way and at such times as 
the general assembly may prescribe. 

§ 9. Clerks, sheriffs, surveyors, coroners, constables, 
and jailers, and such other officers as the general assembly 
may from time to time require, shall, before they enter 
upon the duties of their respective offices, and as often 
thereafter as may be deemed proper, give such bond and 
security as shall be prescribed by law. 

§ 10. The general assembly may provide for the election 


242 


CONSTITUTION OF KENTUCKY. 


or appointment, for a term not exceeding four years, of 
such other county or district ministerial and executive 
officers as shall, from time to time, be necessary and 
proper. 

§ 11. A county assessor shall be elected in each county 
at the same time and for the same term that the presiding 
judge of the county court is elected, until otherwise pro¬ 
vided for by law. He shall have power to appoint such 
assistants as may be necessary and proper. 

Article 7. —Concerning the Militia. 

§ 1. The militia of this commonwealth shall consist of 
all free, able-bodied male persons (negroes, mulattoes, and 
Indians excepted) resident in the same, between the ages 
of eighteen and forty-five years; except such persons as 
now are, or hereafter may be, exempted by the laws of the 
United States or of this state; but those who belong to 
religious societies whose tenets forbid them to carry arms 
shall not be compelled to do so, but shall pay an equiva¬ 
lent for personal services. 

§ 2. The governor shall appoint the adjutant-general, 
and his other staff-officers; the major-generals, brigadier- 
generals, and commandants of regiments, shall, respect¬ 
ively, appoint their staff-officers; and commandants of 
companies shall appoint their non-commissioned officers. 

§ 3. All militia officers, whose appointment is not herein 
otherwise provided for, shall be elected by persons subject 
to military duty, within their respective companies, bat¬ 
talions, regiments, brigades, and divisions, under such 
rules and regulations, and for such terms, not exceeding 
six years, as the general assembly may, from time to time, 
direct and establish. 

Article 8. — General Provisions. 

§ 1. Members of the general assembly, and all officers, 
before they enter upon the execution of the duties of their 
respective offices, and all members of the bar, before they 
enter upon the practice of their profession, shall take the 
following oath or affirmation: I do solemnly swear (or 


CONSTITUTION OF KENTUCKY. 


243 


affirm, as the case may be) that I will support the consti¬ 
tution of the United States, and the constitution of this 
state, and be faithful and true to the commonwealth of 
Kentucky, so long as I continue a citizen thereof, and 
that I will faithfully execute, to the best of my abilities, 
the office of , according to law; and I do further 

solemnly swear (or affirm) that since the adoption of the 
present constitution, I, being a citizen of this state, have 
not fought a duel, with deadly weapons, within this state 
nor out of it, with a citizen of this state, nor have I sent 
or accepted a challenge to fight a duel with deadly weapons 
with a citizen of this state; nor have I acted as second in 
carrying a challenge, or aided or assisted any person thus 
offending: so help me God. 

§ 2. Treason against the commonwealth shall consist 
only in levying war against it, or in adhering to its 
enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 
witnesses to the same overt act or his own confession in 
open court. 

§ 3. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall 
have been elected, who shall be convicted of having given 
or offered any bribe or treat to procure his election. 

§ 4. Laws shall be made to exclude from office and from 
suffrage those who shall thereafter be convicted of bribery, 
perjury, forgery, or other crimes or high misdemeanors. 
The privilege of free suffrage shall be supported by laws 
regulating elections, and prohibiting, under adequate 
penalties, all undue influence thereon from power, bribery, 
tumult, or other improper practices. 

§ 5. No money shall be drawn from the treasury, but in 
pursuance of appropriations made by law; nor shall any 
appropriation of money for the support of an army be 
made for a longer time than two years, and a regular state¬ 
ment and account of the receipts and expenditures of all 
public money shall be published annually. 

§ 6. The general assembly may direct, by law, in what 
manner, and in what courts, suits may be brought against 
the commonwealth. 

§ 7. The manner of administering an oath or affirmation 


244 


CONSTITUTION OF KENTUCKY. 


shall be such as is most consistent with the conscience of 
the deponent and shall be esteemed by the general assem¬ 
bly the most solemn appeal to God. 

§ 8. All laws which, on the first day of June, one thou¬ 
sand seven hundred and ninety-two, were in force in the 
state of Virginia, and which are of a general nature, and 
not local to that state, and not repugnant to this constitu¬ 
tion nor to the laws which have been enacted by the 
general assembly of this commonwealth, shall be in force 
within this state, until they shall be altered or repealed by 
the general assembly. 

§ 9. The compact with the state of Virginia, subject to 
such alterations as may be made therein agreeably to the 
mode prescribed by the said compact, shall be considered 
as part of this constitution. 

§ 10. It shall be the duty of the general assembly to 
pass such laws as shall be necessary and proper to decide 
differences by arbitrators, to be appointed by the parties 
who may choose that summary mode of adjustment. 

§ 11. All civil officers for the commonwealth at large 
shall reside within the state, and all district, county, or 
town officers, within their respective districts, counties, or 
towns, (trustees of towns excepted,) and shall keep their 
offices at such places therein as may be required by law : 
and all militia officers shall reside in the bounds of the 
division, brigade, regiment, battalion, or company, to 
which they may severally belong. 

§ 12. Absence on the business of this state, or the 
United States, shall not forfeit a residence once obtained, 
so as to deprive any one of the right of suffrage, or of 
being elected or appointed to any office under this com¬ 
monwealth, under the exception contained in this consti¬ 
tution. 

§ 13. It shall be the duty of the general assembly to 
regulate, by law, in what cases, and what deauctions from 
the salaries of public officers shall be made for neglect of 
duty in their official capacity. 

§ 14. Returns of all elections by the people shall be 
made to the secretary of state for the time-being, except 
in those cases otherwise provided for in this constitution, 
or which shall be otherwise directed by law. 


CONSTITUTION OF KENTUCKY. 245 

§ 15. In all elections by tbe people, and also by the 
senate and house of representatives, jointly or separately, 
the votes shall be personally and publicly given, viva voce: 
Provided , that dumb persons, entitled to suffrage, may 
vote by ballot. 

§ 16. All elections by the people shall be held between 
the hours of six o’clock in the morning and seven o’clock 
in the evening. 

§ 17. The general assembly shall, by law, prescribe the 
time when the several officers authorized or directed by 
this constitution to be elected or appointed shall enter 
upon the duties of their respective offices, except where 
the time is fixed by this constitution. 

§ 18. No member of congress, nor person holding or 
exercising any office of trust or profit under the United 
States, or either of them, or under any foreign power, 
shall be eligible as a member of the general assembly of 
this commonwealth, or hold or exercise any office of trust 
or profit under the same. 

§ 19. The general assembly shall direct, by law, how 
persons who now are, or who may hereafter become, se¬ 
curities for public officers, may be relieved or discharged 
on account of such securityship. 

§ 20. Any person who shall, after the adoption of this 
constitution, either directly or indirectly, give, accept, or 
knowingly carry a challenge to any person or persons, to 
fight in single combat, with a citizen of this state, with 
any deadly weapon, either in or out of the state, shall be 
deprived of the right to hold any office of honor or profit 
in this commonwealth, and shall be punished otherwise in 
such manner as the general assembly may prescribe by 
law. 

§ 21. The governor shall have power, after five years 
from the time of the offence, to pardon all persons'who 
shall have in any wise participated in a duel, either as 
principals, seconds, or otherwise, and to restore him or 
them to all the rights, privileges, and immunities to which 
he or they were entitled before such participation. And 
upon the presentation of such pardon, the oath prescribed 
in the first section of this article shall be varied to suit 
the case. 

46 


246 


CONSTITUTION OP KENTUCKY. 


§ 22. At its first session after the adoption of this con¬ 
stitution the general assembly shall appoint not more than 
three persons, learned in the law, whose duty it shall be 
to revise and arrange the statute laws of this common¬ 
wealth, both civil and criminal, so as to have but one law 
on any one subject; and also three other persons, learned 
in the law, whose duty it shall be to prepare a code of 
practice for the courts, both civil and criminal, in this 
commonwealth, by abridging and simplifying the rules of 
practice and laws in relation thereto; all of whom shall, 
at as early a day as practicable, report the result of their 
labors to the general assembly, for their adoption or modi¬ 
fication. 

§23. So long as the board of internal improvement 
shall be continued, the president thereof shall be elected 
by the qualified voters of this commonwealth, and hold 
the office for the term of four years, and until another be 
duly elected and qualified. The election shall be held at 
the same time, and be conducted in the same manner, as 
the election of governor of this commonwealth under this 
constitution; but nothing herein contained shall prevent 
the general assembly from abolishing said board of in¬ 
ternal improvement, or the office of president thereof. 

§24. The general assembly shall provide, by law, for 
the trial of any contested election of auditor, register, 
treasurer, attorney-general, judges of circuit courts, and 
all other officers not otherwise herein specified. 

§ 25. The general assembly shall provide by law for the 
making of the returns, by the proper officers, of the elec¬ 
tion of all officers to be elected under this constitution; 
and the governor shall issue commissions to the auditor, 
register, treasurer, president of the board of internal im¬ 
provement, superintendent of public instruction, and such 
other officers as he may be directed, by law, to commission, 
as soon as he has ascertained the result of the election of 
those officers respectively. 

§ 26. When a vacancy shall happen in the office of 
attorney-general, auditor of public accounts, treasurer, 
register of the land-office, president of. the board of in¬ 
ternal improvement, or superintendent of public instruc¬ 
tion, the governor, in the recess of the senate, shall have 


CONSTITUTION OF KENTUCKY. 


247 


power to fill the vacancy by granting commissions which 
shall expire at the end of the next session, and shall fill 
the vacancy for the balance of the time by and with the 
advice and consent of the senate. 


Article 9. — Concerning the Seat of Government. 

The seat of government shall continue in the city of 
Frankfort, until it shall be removed by law: Provided, 
however , that two-thirds of all the members elected to 
each house of the general assembly shall concur in the 
passage of such law. 


Article 10. — Concerning Slaves. 

§ 1. The general assembly shall have no power to pass 
laws for the emancipation of slaves without the consent 
of their owners, or without paying their owners, previous 
to such emancipation, a full equivalent in money for the 
slaves so emancipated, and providing for their removal 
from the state. They shall have no power to prevent 
immigrants to this state from bringing with them such 
persons as are deemed slaves by the laws of any of the 
United States, so long as any person of the same age or 
description shall be continued in slavery by the laws of 
this state. They shall pass laws to permit owners of slaves 
to emancipate them, saving the rights of creditors, and to 
prevent them from remaining in this state after they are 
emancipated. They shall have full power to prevent 
slaves being brought into this state as merchandise. 
They shall have full power to prevent slaves being brought 
into this state, who have been, since the first day of 
January, one thousand seven hundred and eighty-nine, or 
may hereafter be, imported into any of the United States 
from a foreign country. And they shall have full power 
to pass such laws as may be necessary to oblige the owners 
of slaves to treat them with humanity; to provide for 
them necessary clothing and provision; to abstain from 
all injuries to them, extending tc life or limb; and, in 
case of their neglect refusal to comply with the direc- 


248 


CONSTITUTION OF KENTUCKY. 


tions of such laws, to have such slave or slaves sold for 
the benefit of their owner or owners. 

§ 2. The general assembly shall pass laws providing 
that any free negro or mulatto hereafter immigrating to, 
and any slave hereafter emancipated in and refusing to 
leave, this state, or, having left, shall return and settle 
withiu this state, shall be deemed guilty of felony, and 
punished by confinement in the penitentiary thereof. 

§ 3. In the prosecution of slaves for felony, no inquest 
by a grand jury shall be necessary; but the proceedings 
in such prosecutions shall be regulated by law, except 
that the general assembly shall have no power to deprive 
them of the privilege of an impartial trial by a petit 

j ur y- 


Article 11. — Concerning Education. 

§ 1. The capital of the fund called and known as the 
u Common-School Fund,” consisting of one million two 
hundred and twenty-five thousand seven hundred and 
sixty-eight dollars and forty-two cents, for which bonds 
have been executed by the state to the board of educa¬ 
tion, and seventy-three thousand five hundred' dollars of 
stock in the Bank of Kentucky; also, the sum of fifty- 
one thousand two hundred and twenty-three dollars and 
twenty-nine cents, balance of interest on the school-fund 
for the year 1848, unexpended, together with any sum 
which may be hereafter raised in the state by taxation, or 
otherwise, for the purposes of education, shall be held in¬ 
violate, for the purpose of sustaining a system of common 
schools. The interest and dividends of said funds, together 
with any sum which may be produced for that purpose by 
taxation or otherwise, may be appropriated in aid of com¬ 
mon schools, but for no other purpose. The general as¬ 
sembly shall invest said fifty-one thousand two hundred 
and twenty-three dollars and twenty-nine cents in some 
safe and profitable manner; and any portion of the in¬ 
terest and dividends of said school fund, or other money 
or property raised for school purposes, which may not be 
needed in sustaining common schools, shall be invested in 
like manner. The general assembly shall make provision, 


CONSTITUTION OF KENTUCKY. 249 

by law, for the payment of the interest of said school 
fund : Provided , that each county shall be entitled to its 
proportion of the income of said fund, and, if not called 
for, for common-school purposes, it shall be reinvested 
from time to time for the benefit of such county. 

§2. A superintendent of public instruction shall be 
elected by the qualified voters of this commonwealth, at 
the same time the governor is elected, who shall hold his 
office for four years, and his duties and salary shall be 
prescribed and fixed by law. 

Article 12 .—Mode of Revising the Constitution. 

§ 1. When experience shall point out the necessity of 
amending this constitution, and when a majority of all 
the members elected to each house of the general as¬ 
sembly shall, within the first twenty days of any regular 
session, concur in passing a law for taking the sense of 
the good people of this commonwealth as to the necessity 
and expediency of calling a convention, it shall be the 
duty of the several sheriffs, and other officers of elections, 
at the next general election which shall be held for repre¬ 
sentatives to the general assembly after the passage of 
such law, to open a poll for, and make return to the 
secretary of state for the time-being, of the names of all 
those entitled to vote for representatives, who have voted 
for calling a convention; and if, thereupon, it shall ap¬ 
pear that a majority of all the citizens of this state en¬ 
titled to vote for representatives have voted for calling a 
convention, the general assembly shall, at their next 
regular session, direct that a similar poll shall be opened, 
and return made for the next election for representatives; 
and if, thereupon, it shall appear that a majority of all 
the citizens of this state entitled to vote for representa¬ 
tives have voted for calling a convention, the general 
assembly shall, at their next session, pass a law calling a 
contention, to consist of as many members as there shall 
be in the house of representatives, and no more, to be 
chosen on the first Monday in August thereafter, in the 
same manner and proportion, and at the same places, and 
possessed of the same qualifications of a qualified elector, 
46* 


250 


CONSTITUTION OF KENTUCKY. 


by citizens entitled to vote for representatives; and to 
meet within three months after their election, for the pur¬ 
pose of readopting, amending, or changing this constitu¬ 
tion ; but if it shall appear by the vote of either year, as 
aforesaid, that a majority of all the citizens entitled to 
vote for representatives did not vote for calling a conven¬ 
tion, a convention shall not then be called. And for the 
purpose of ascertaining whether a majority of the citizens 
entitled to vote for representatives did or did not vote for 
calling a convention, as above, the general assembly pass¬ 
ing the law authorizing such vote shall provide for ascer¬ 
taining the number of citizens entitled to vote for repre¬ 
sentatives within the state. 

§2. The convention, when assembled, shall judge of 
the election of its members and decide contested elections; 
but the general assembly shall, in calling a convention, 
provide for taking testimony in such cases and for issuing 
a writ of election in case of a tie. 

Article 13 .—Bill of Rights. 

That the general, great, and essential principles of 
liberty and free government may be recognised and esta¬ 
blished ; WE DECLARE,— 

§ 1. That all freemen, when they form a social com¬ 
pact, are equal, and that no man, or set of men, are en¬ 
titled to exclusive, separate public emoluments or pri¬ 
vileges from the community, but in consideration of 
public services. 

§2. That absolute, arbitrary power over the lives, 
liberty, and property of freemen exists nowhere in a 
republic,—not even in the largest majority. 

§ 3. The right of property is before and higher than 
any constitutional sanction; and the right of the owner 
of a slave to such slave, and its increase, is the same, and 
as inviolable, as the right of the owner of any property 
whatever. 

§ 4. That all power is inherent in the people, and all 
free governments are founded on their authority, and in¬ 
stituted for their peace, safety, happiness, security, and 
the protection of property. For the advancement of these 


CONSTITUTION OF KENTUCKY. 


251 


ends, they have at all times an inalienable and indefeasible 
right to alter, reform, or abolish their government in such 
manner as they may think proper. 

§ 5. That all men have a natural and indefeasible right 
to worship Almighty God according to the dictates of 
their own consciences; that no man shall be compelled to 
attend, erect, or support any place of worship, or to main¬ 
tain any ministry, against his consent; that no human 
authority ought, in any case whatever, to control or inter¬ 
fere with the rights of conscience; and that no preference 
shall ever be given, by law, to any religious societies or 
modes of worship. 

§ 6. That the civil rights, privileges, or capacities of 
any citizen shall in no wise be diminished or enlarged on 
account of his religion. 

§ 7. That all elections shall be free and equal. 

§ 8. That the ancient mode of trial by jury shall be 
held sacred, and the right thereof remain inviolate, sub¬ 
ject to such modifications as may be authorized by this 
constitution. 

§ 9. That printing-presses shall be free to every person 
who undertakes to examine the proceedings of the gene¬ 
ral assembly, or any branch of government, and no law 
shall ever be made to restrain the right thereof. The 
free communication of thoughts and opinions is one of 
the invaluable rights of man, and every citizen may freely 
speak, write, and print on any subject, being responsible 
for the abuse of that liberty. 

§ 10. In prosecutions for the publication of papers in¬ 
vestigating the official conduct of officers or men in a 
public capacity, or where the matter published is proper 
for public information, the truth thereof may be given in 
evidence ; and in all indictments for libels, the jury shall 
have a right to determine the law and the facts, under the 
direction of the court, as in other cases. 

§ 11. That the people shall be secure in their persons, 
houses, papers, and possessions, from unreasonable seizures 
and searches, and that no warrant to search any place, or 
to seize any person or thing, shall issue, without describe 
ing them as nearly as may be, nor without probable eausej 
supported by oath or affirmation. 


252 


CONSTITUTION OF KENTUCKY. 


§ 12. Tliat in all criminal prosecutions the accused 
hath a right to be heard by himself and counsel; to 
demand the nature and cause of the accusation against 
him; to meet the witnesses face to face; to have com¬ 
pulsory process for obtaining witnesses in his favor; and, 
in prosecutions by indictment or information, a speedy 
public trial by an impartial jury of the vicinage; that he 
cannot be compelled to give evidence against himself; nor 
can he be deprived of his life, liberty, or property, unless 
by the judgment of his peers, or the law of the land. 

§ 13. That no person shall, for any indictable offence, 
be proceeded against criminally, by information, except in 
cases arising in the land or naval forces, or in the militia 
when in actual service, in time of war or public danger, 
or by leave of the court, for oppression or misdemeanor 
in office. 

§ 14. No person shall, for the same offence, be twice 
put in jeopardy of his life or limb; nor shall any man’s 
property be taken or applied to public use, without the 
consent of his representatives, and without just compen¬ 
sation being previously made to him. 

§ 15. That all courts shall be open, and every person, 
for an injury done him in his lands, goods, person, or 
reputation, shall have remedy by the due course of law, 
and right and justice administered, without sale, denial, 
or delay. 

§ 16. That no power of suspending laws shall be exer¬ 
cised, unless by the general assembly or its authority. 

§ 17. That excessive bail shall not be required, nor 
excessive fines imposed, nor cruel punishments inflicted. 

§ 18. That all prisoners shall be bailable by sufficient 
securities, unless for capital offences, when the proof is 
evident or presumption great; and the privilege of the 
writ of habeas corpus shall not be suspended, unless when 
in cases of rebellion or invasion the public safety may 
require it. 

§ 19. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued 
in prison after delivering up his estate for the benefit 
of his creditors, in such manner as shall be prescribed by 
law. 


CONSTITUTION OF KENTUCKY. 


253 


§ 20. That no ex post facto law, nor any law impairing 
contracts, shall be made. 

§ 21. That no person shall be attainted of treason or 
felony by the general assembly. 

§ 22. That no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of 
estate to the commonwealth. 

§ 23. That the estates of such persons as shall destroy 
their own lives shall descend or vest as in case of natural 
death; and, if any person shall be killed by casualty, 
there shall be no forfeiture by reason thereof. 

§ 24. That the citizens have a right, in a peaceable 
manner, to assemble together for their common good, and 
to apply to those invested with the powers of government, 
for redress of grievances, or other proper purposes, by 
petition, address, or remonstrance. 

§ 25. That the rights of the citizens to bear arms in 
defence of themselves and the state shall not be ques¬ 
tioned ; but the general assembly may pass laws to pre¬ 
vent persons from carrying concealed arms. 

§ 26. That no standing army shall, in time of peace, 
be kept up, without the consent of the general assembly; 
and the military shall, in all cases and at all times, be in 
strict subordination to the civil power. 

§ 27. That no soldier shall, in time of peace, be 
quartered in any house without the consent of the owner; 
nor in time of war, but in a manner to be prescribed by 
law. 

§ 28. That the general assembly shall not grant any 
title of nobility or hereditary distinction, nor create any 
office the appointment to which shall be for a longer time 
than for a term of years. 

§ 29. That emigration from the state shall not be 
prohibited. 

§ 30. To guard against transgressions of the high 
powers which we have delegated, we declare that 
every thing in this article is excepted out of the general 
powers of government, and shall forever remain in¬ 
violate ; and that all laws contrary thereto, or contrary to 
this constitution, shall be void. 


254 


CONSTITUTION OF KENTUCKY. 


SCHEDULE. 

That no inconvenience may arise from the alterations 
and amendments made in the constitution of this com¬ 
monwealth, and in order to carry the same into complete 
operation, it is hereby declared and ordained: 

§ 1. That all the laws of this commonwealth in force 
at the time of the adoption of this constitution, and not 
inconsistent therewith, and all rights, actions, prosecu¬ 
tions, claims, and contracts, as well of individuals as of 
bodies corporate, shall continue as if this constitution had 
not been adopted. 

§ 2. The oaths of office herein directed to be taken may 
be administered by any judge or justice of the peace, 
until the general assembly shall otherwise direct. 

§ 3. No office shall be superseded by the adoption of 
this constitution, but the laws of the state relative to the 
duties of the several officers, legislative, executive, judicial, 
and military, shall remain in full force, though the same 
be contrary to this constitution, and the several duties 
shall be performed by the respective officers of the state, 
according to the existing laws, until the organization of 
the government, as provided for under this constitution, 
and the entering into office of the officers to be elected or 
appointed under said government, and no longer. 

§ 4. It shall be the duty of the general assembly which 
shall convene in the year 1850 to make an apportionment 
of the representation of this state, upon the principle set 
forth in this constitution; and, until the first apportion¬ 
ment shall be made as herein directed, the apportionment 
of senators and representatives among the several districts 
and counties in this state shall remain as at present fixed 
by law: Provided , that on the first Monday in August, 
1850, all senators shall go out of office, and on that day 
an election for senators and representatives shall be held 
throughout the state, and those then elected shall hold 
their offices for one year, and no longer: Provided, fur¬ 
ther , that at the elections to be held in the year 1850, 
that provision in this constitution which requires voters 


CONSTITUTION OF KENTUCKY. 255 

to vote in the precinct within whiph they reside shall not 
apply-. 

§ 5. All recognisances heretofore taken, or which may 
be taken before the organization of the judicial depart¬ 
ment under this constitution, shall remain as valid as 
though this constitution had not been adopted, and may 
be prosecuted in the name of the commonwealth. All 
criminal prosecutions and penal actions which have arisen, 
or may arise before the reorganization of the judicial de¬ 
partment under this constitution, may be prosecuted to 
judgment and execution, in the name of the common¬ 
wealth. 

“We, the representatives of the freemen of Kentucky, 
in convention assembled, in their name, and by the 
authority of the commonwealth of Kentucky, and in 
virtue of the powers vested in us as delegates from the 
counties respectively affixed to our names, do ordain and 
proclaim the foregoing to be the constitution of the com¬ 
monwealth of Kentucky from and after this day. 

u Done at Frankfort this eleventh day of June, in the 
year of our Lord one thousand eight hundred and fifty, 
and in the fifty-ninth year of the commonwealth.” 

JAMES GUTHRIE, 

President of the Convention , 
and member from the city of Louisville . 


THE END. 











































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Constitution of the United States, 
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Constitution of New York, 

“ Massachusetts, 

“ Pennsylvania, 

11 Virginia, 

“ South Carolina, 

“ Kentucky, 

“ Ohio, 

“ New Jersey. 


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AMERICAN NAVAL HISTORY. 

ELEGANTLY ILLUSTRATED. 

Handsomely bound in Sheep , Library Style . 


HISTORY 

OP 


THE UNITED STATES NAVY, 

AND 


BIOGRAPHICAL SKETCHES OF AMERICAN 

NAVAL HEROES, 

FROM TIIE FORMATION OF THE NAVY TO THE CLOSE OF THE MEXICAN WAR. 


BY CHARLES J. PETERSON, 

AUTHOR OF “THE HISTORY OF THE REVOLUTION,” “THE MILITARY HEROES OF THE WAR OF 1812,” 
“THE MILITARY HEROES OF THE WAR WITH MEXICO,” ETC., ETC., ETC. 

In one large handsome octavo volume, illustrated with over one hundred fine Engravings, 

EMBRACING 


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ETC., ETC. 


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JOHN PAUL JONES, 
JOHN BARRY, 
RICHARD DALE, 
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RICHARD SOMERS, 
JACOB JONES. 


NICHOLAS BIDDLE, 
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ISAAC HULL, 

STEPHEN DECATUR, 
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THOMAS MACDONOUGH. 
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DAVID CONNOR, 

JOHN ROGERS. 


WILLIAM BATNBR1DGE. 
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M. T. WOOLSEY, 


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WARRINGTON, ETC., ETC., ETC 
Forming without exception, the 


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JOHN T. SHUBRICK. 
ROBERT F. STOCKTO> 
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ROBERT HENLEY, 


Handsomest and Best Work on the American Navy ever published. 

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A splendid large parlor print, engraved in the highest style of art by John 
Sartain, and printed on the best quality of heavy plate paper, $2.00. 

Copies sent free by Mail on receipt of Price. 


BLANK BOOKS. 


J. B. Smith «& Co., also manufacture and have constantly on hand, the largest 
and best assortment of Blank Books in the United States, which they offer to 
Southern and Western Merchants, and the trade generally, at lower rates 
than they can be bought at any other place in the country. 

CAP BLANK BOOKS, HALF BOUND. 

No. 1. Superfine paper, colored backs, marked with gold, fine glazed marble 
sides. 

No. 2. Fine paper, sheep backs, fine glazed marble paper sides. 

Long and broad Folio Day Books. 

“ “ u Journals. 

“ “ “ Ledgers, single and double ruled. 

“ (t u Cash Books. 

Records.? 

CAP BLANKS. 


Full bound ends and bands. Full bound with corners, and plain full bound. 
Long and broad Folio Day Books. 

“ “ u Journals. 

(< u a Ledgers. 

“ “ • « Cash Books. 

Dockets, Minute Books, Letter Books, Records, in all the above styles. 
STEAMBOAT BOOKS. 


Cash Books, Printed Headings. 

Freight “ “ 

Cabin Registers, “ 

Wood Books, “ 

Wood Receipts, “ 

Crew Registers, u 

Passage Books, u 

General Receipts, “ 

Journals and Ledgers to match the above. 
Receiving Books. 

Discharging “ 

Cotton “ 

Weight u 

Log “ 

Order u 


CROWN, DEMY, MEDIUM, ROYAL, SUPER-ROYAL, AND IMPERIAL 

BLANK BOOKS. 

Full bound Russia extra panelled. 

“ “ not panelled. 

Russia extra, with front pieces. 

Russia ends and bands. 

Imitation Russia ends and bands. 

Russia corners. 

Day Books, Journals, Ledgers, Cash Books, Dockets, Minute Books, Letter 
Books, Records, &c., in all the above styles. 


22 





JAS. B. SMITH & CO/S PUBLICATIONS. 


BLANK BOOKS WITH PRINTED HEADINGS. 

Demy Cotton Ledger. 

Demy folio Bills Payable and Receivable Books. 

<f 4 to. « << << « 

Cap “ “ 44 « “ 

Demy Hotel Registers, 3 to 10 quires. 

Medium Package Delivery Books. 

Cap Dray Receipts. 

Imperial and Medium Building Association Roll Books. 

Demy folio Time Books. 

4to. 44 44 

Cap 8vo. Pocket 44 

Demy “ 44 44 

44 44 Thick. 

PASS BOOKS. 

Cap 8vo. Pass Books in Leather, thick wrapper, and morocco paper bind¬ 
ings, and with Almanac on the cover. 

Cap 12mo. Pass Book, in Leather, thick wrapper, and morocco paper bind- 
ings. 

Crown 8vq. do. 44 44 44 44 

Demy Svo. do. 44 44 44 44 

MEMORANDUMS. 

Demy and medium 8vo. Memorandums in leather and roan bindings. 

Cap 8vo. String Memorandums in leather and morocco bindings. 

Cap 12mo. String Memorandums in leather and morocco bindings. 

Cap 8vo., Tuck Memorandums in morocco bindings. 

Cap 12mo. Tuck Memorandums in morocco bindings. 

Cap 18mo. Tuck Memorandums in morocco bindings. 

Cap 8vo. and 12mo. Memorandums, morocco covers, with steel claspsi, 

RECEIPT BOOKS. 

Cap, Demy, and Medium Receipt Books, fine paper. 

Receipt Books, full bound with Russia ends. 

“ * imitation Russia ends. 

44 44 roan gilt. 

44 44 russet. 

44 half bound, sheep backs. 

44 44 roan 44 

Pocket Receipts, with Clasps. 

Pocket Receipts, with Tucks. 

MINIATURE OR PRIVATE ACCOUNT BOOKS. 

Miniature or Private Accounts in full morocco binding, and with ends. 

Day Book, Journal, Ledger, Cash Book, and Letter Book. 

Also in Turkey morocco, with patent Locks. 

COPY BOOKS. 

Long and Square Copy Books, fine wrapper covers printed. 

Copy Books, fine paper, 3 sheets. 

« superfine paper, 4 sheets. 

u << 4 * 5 44 

Students’ Exercise Books. 

Scholar’s Piece “ 

Composition “ 

When 10 gross or moro are ordered the Imprint of tho Bookseller will bo 
printed on tho cover without extra charge. 

23 



JAS. B. SMITH & CO.’S PUBLICATIONS. 


CIPHERING BOOKS. 

Ciphering Books, fine paper, 8 sheets. 

44 a ' u jo « 

44 a a 12 ** 

44 44 a 25 (i 

BLANKS FOR THE STUDY OF BOOK-KEEPING. 

Day Book, Journal and Ledger, with alphabet, for single and double entry. 

CAP QUARTO BLANKS. 

No. 1, Superfine paper, colored backs, fine glazed marble paper sides. 

Two quires quarto blank, dollars and cents, and feint only. 


Three 

a 

a 

44 

44 

44 

Four 

<i 

u 

44 

44 

44 

Five 

a 

u 

44 

44 

44 

Six 

a 

44 

44 

44 

44 


CAP QUARTO BLANKS. 

No. 2. Fine paper, sheep backs, fine glazed marble paper sides. 
Two quires quarto blank, dollars and cents, and feint only. 


Three 

44 

44 

44 

44 

44 

Four 

44 

44 

44 

44 

44 

Five 

•4 

44 

44 

44 

44 

Six 

44 

44 

44 

44 

44 





INDEXES. 



Long and broad Cap Indexes, one letter to a leaf. 
a u a w0 « “ 

“ « “ four “ “ 

Long and broad Demy Indexes, one " “ 

a it t< w0 <( tt 

“ u Medium “ one u " 

a a a |- wo a a 


CROWN, DEMY AND MEDIUM QUARTO BLANKS. 

Roan backs and corners marked with gold, fine muslin sides, dollars and 
3ents, and feint only, with and without margin line, from one to six quires each. 


Sermon Paper, 
Note “ 

Drawing “ 
Tea “ 

Printers’ Cards, 


PAPERS. 

Foolscap Paper, 
Tissue “ 

Tracing “ 

Shoe w 

Envelopes, 


Hardware Paper, 
Blasting “ 

Bill « 

Letter “ 

Visiting Cards. 


Steel pens, black, blue and red ink, wafers, sealing wax, portfolios, pocket 
books, inkstands, lead pencils, slates, slate pencils, portemonnaies, black sand, 
sand boxes, quills, music paper, &c. 


MARBLE PAPER. 

J. B. Smith & Co., also manufacture every variety and style of Marble Paper, 
which they sell at exceedingly low rates. (Sample Books sent free by 
Mail on application.) 

5 6 


24 






















































































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